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A STUDY ON LABOUR LAWS IN INDIA







Index
(c) CA. Rajkumar S Adukia
rajkumarfca@gmail.com


Particulars Page No.
1. Introduction

a) History of Labour law 3
b) Evolution of Labour law in India 5
c) Purpose of Labour Legislations 6
d) Constitutional provisions with regard to labour laws 6
e) Labour Policy of India 8
2. List of Labour laws in India 9
3. Classification of labour laws in India 27
4. Overview of important labour laws in India

a) Apprentices Act, 1961 29
b) Employees State Insurance Act, 1948 36
c) Employees Provident Fund And Misc. Provisions Act, 1952 51
d) The Employment Exchanges (Compulsory Notification of

Vacancies) Act, 1959
55
e) Factories Act, 1948 58
f) Industrial Disputes Act, 1947 74
g) Labour Laws (Exemption From Furnishing Returns & Maintaining

Registers By Certain Establishments) Act, 1988
80
h) Payment of Bonus Act, 1965 83
i) Payment of Gratuity Act, 1972 87
2

j) Workmens Compensation Act, 1923 91
k) The Trade Unions Act, 1926 97
l) Shops and Establishment Act, 1954 101
m) Laws related to wages 104
n) Laws related to child labour 118
o) Law related to contract labour 129
p) Maternity Benefit Act, 1961 132
5. Checklist of labour law compliance 135
6. Unfair labour practice 144
7. Labour laws in the unorganized sector 147
8. Women labour and the Law 151
9. Industrial relations 157
10. Special points to be noted while drafting Employment Agreement 172
11. Important case laws under various labour legislations 177
12. Important organizations 179
13. Authorities under the labour law in India 180
14. Labour legislations across the world 186
15. Bibliography 190
16. Annexure

a) Agreements between employee and employer 192
b) Agreement for reference of disputes to arbitration 196
3
1. INTRODUCTION


Labour law also known as employment law is the body of laws, administrative rulings, and
precedents which address the legal rights of, and restrictions on, working people and their
organizations. As such, it mediates many aspects of the relationship between trade unions,
employers and employees. In other words, Labour law defines the rights and obligations as workers,
union members and employers in the workplace. Generally, labour law covers:

Industrial relations certification of unions, labourmanagement relations, collective
bargaining and unfair labour practices;
Workplace health and safety;

Employment standards, including general holidays, annual leave, working hours, unfair
dismissals, minimum wage, layoff procedures and severance pay.

There are two broad categories of labour law. First, collective labour law relates to the tripartite
relationship between employee, employer and union. Second, individual labour law concerns
employees' rights at work and through the contract for work.

The labour movement has been instrumental in the enacting of laws protecting labour rights in the
19th and 20th centuries. Labour rights have been integral to the social and economic development
since the industrial revolution.

1.1. History of Labour laws


Labour law arose due to the demands of workers for better conditions, the right to organize, and the
simultaneous demands of employers to restrict the powers of workers in many organizations and to
keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages,
or by laws imposing costly requirements, such as health and safety or equal opportunities
conditions. Workers' organizations, such as trade unions, can also transcend purely industrial
disputes, and gain political power which some employers may oppose. The state of labour law at
any one time is therefore both the product of, and a component of, struggles between different
interests in society.

International Labour Organisation (ILO) was one of the first organisations to deal with labour issues.
The ILO was established as an agency of the League of Nations following the Treaty of Versailles,
which ended World War I. Postwar reconstruction and the protection of labour unions occupied the
attention of many nations during and immediately after World War I. In Great Britain, the Whitley
4
Commission, a subcommittee of the Reconstruction Commission, recommended in its July 1918 Final
Report that "industrial councils" be established throughout the world. The British Labour Party had
issued its own reconstruction programme in the document titled Labour and the New Social Order.
In February 1918, the third InterAllied Labour and Socialist Conference (representing delegates from
Great Britain, France, Belgium and Italy) issued its report, advocating an international labour rights
body, an end to secret diplomacy, and other goals. And in December 1918, the American Federation
of Labor (AFL) issued its own distinctively apolitical report, which called for the achievement of
numerous incremental improvements via the collective bargaining process.

As the war drew to a close, two competing visions for the postwar world emerged. The first was
offered by the International Federation of Trade Unions (IFTU), which called for a meeting in Berne
in July 1919. The Berne meeting would consider both the future of the IFTU and the various
proposals which had been made in the previous few years. The IFTU also proposed including
delegates from the Central Powers as equals. Samuel Gompers, president of the AFL, boycotted the
meeting, wanting the Central Powers delegates in a subservient role as an admission of guilt for their
countries' role in the bringing about war. Instead, Gompers favored a meeting in Paris which would
only consider President Woodrow Wilson's Fourteen Points as a platform. Despite the American
boycott, the Berne meeting went ahead as scheduled. In its final report, the Berne Conference
demanded an end to wage labour and the establishment of socialism. If these ends could not be
immediately achieved, then an international body attached to the League of Nations should enact
and enforce legislation to protect workers and trade unions.

The British proposed establishing an international parliament to enact labour laws which each
member of the League would be required to implement. Each nation would have two delegates to
the parliament, one each from labour and management. An international labour office would collect
statistics on labour issues and enforce the new international laws. Philosophically opposed to the
concept of an international parliament and convinced that international standards would lower the
few protections achieved in the United States, Gompers proposed that the international labour body
be authorized only to make recommendations, and that enforcement be left up to the League of
Nations. Despite vigorous opposition from the British, the American proposal was adopted.

The Americans made 10 proposals. Three were adopted without change: That labour should not be
treated as a commodity; that all workers had the right to a wage sufficient to live on; and that
women should receive equal pay for equal work. A proposal protecting the freedom of speech,
press, assembly, and association was amended to include only freedom of association. A proposed
ban on the international shipment of goods made by children under the age of 16 was amended to
5
ban goods made by children under the age of 14. A proposal to require an eighthour work day was
amended to require the eighthour work day or the 40hour work week (an exception was made for
countries where productivity was low). Four other American proposals were rejected. Meanwhile,
international delegates proposed three additional clauses, which were adopted: One or more days
for weekly rest; equality of laws for foreign workers; and regular and frequent inspection of factory
conditions.

The Commission issued its final report on 4 March 1919, and the Peace Conference adopted it
without amendment on 11 April. The report became Part XIII of the Treaty of Versailles. (The Treaty
of Versailles was one of the peace treaties at the end of World War I. It ended the state of war
between Germany and the Allied Powers. It was signed on 28 June 1919.)

The first annual conference (referred to as the International Labour Conference, or ILC) began on
29
th
October 1919 in Washington DC and adopted the first six International Labour Conventions,
which dealt with hours of work in industry, unemployment, maternity protection, night work for
women, minimum age and night work for young persons in industry. The prominent French socialist
Albert Thomas became its first Director General. The ILO became a member of the United Nations
system after the demise of the League in 1946.

1.2. Purpose of labour legislation


Labour legislation that is adapted to the economic and social challenges of the modern world of
work fulfils three crucial roles:

it establishes a legal system that facilitates productive individual and collective employment
relationships, and therefore a productive economy;
by providing a framework within which employers, workers and their representatives can

interact with regard to workrelated issues, it serves as an important vehicle for achieving
harmonious industrial relations based on workplace democracy;
it provides a clear and constant reminder and guarantee of fundamental principles and

rights at work which have received broad social acceptance and establishes the processes
through which these principles and rights can be implemented and enforced.

But experience shows that labour legislation can only fulfills these functions effectively if it is
responsive to the conditions on the labour market and the needs of the parties involved. The most
efficient way of ensuring that these conditions and needs are taken fully into account is if those
concerned are closely involved in the formulation of the legislation through processes of social
6
dialogue. The involvement of stakeholders in this way is of great importance in developing a broad
basis of support for labour legislation and in facilitating its application within and beyond the formal
structured sectors of the economy.

1.3. Evolution of Labour law in India


The law relating to labour and employment is also known as Industrial law in India. The history of
labour legislation in India is interwoven with the history of British colonialism. The industrial/labour
legislations enacted by the British were primarily intended to protect the interests of the British
employers. Considerations of British political economy were naturally paramount in shaping some of
these early laws. Thus came the Factories Act. It is well known that Indian textile goods offered stiff
competition to British textiles in the export market and hence in order to make India labour costlier
the Factories Act was first introduced in 1883 because of the pressure brought on the British
parliament by the textile magnates of Manchester and Lancashire. Thus India received the first
stipulation of eight hours of work, the abolition of child labour, and the restriction of women in night
employment, and the introduction of overtime wages for work beyond eight hours. While the
impact of this measure was clearly welfarist the real motivation was undoubtedly protectionist.


The earliest Indian statute to regulate the relationship between employer and his workmen was the
Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for restraining the rights of
strike and lock out but no machinery was provided to take care of disputes.


The original colonial legislation underwent substantial modifications in the postcolonial era because
independent India called for a clear partnership between labour and capital. The content of this
partnership was unanimously approved in a tripartite conference in December 1947 in which it was
agreed that labour would be given a fair wage and fair working conditions and in return capital
would receive the fullest cooperation of labour for uninterrupted production and higher
productivity as part of the strategy for national economic development and that all concerned would
observe a truce period of three years free from strikes and lockouts. Ultimately the Industrial
Disputes Act (the Act) brought into force on 01.04.1947 repealing the Trade Disputes Act 1929 has
since remained on statute book.
1.4. Constitutional provisions with regard to labour laws


The relevance of the dignity of human labour and the need for protecting and safeguarding the
interest of labour as human beings has been enshrined in ChapterIII (Articles 16, 19, 23 & 24) and
7
Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with
Fundamental Rights and Directive Principles of State Policy.


Labour is a concurrent subject in the Constitution of India implying that both the Union and the state
governments are competent to legislate on labour matters and administer the same. The bulk of
important legislative acts have been enacted by the Parliament.



Constitutional Status

Union List Concurrent List





































The legislations can be categorized as follows:

1) Labour laws enacted by the Central Government, where the Central Government has the
sole responsibility for enforcement.
2) Labour laws enacted by Central Government and enforced both by Central and State
Governments.
3) Labour laws enacted by Central Government and enforced by the State Governments.

4) Labour laws enacted and enforced by the various State Governments which apply to
respective States.




The Constitution of India provides detailed provisions for the rights of the citizens and also lays down
the Directive Principles of State Policy which set an aim to which the activities of the state are to be
guided. These Directive Principles provide:
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a. for securing the health and strength of employees, men and women;

b. that the tender age of children are not abused;

c. that citizens are not forced by economic necessity to enter avocations unsuited to their age
or strength;
d. just and humane conditions of work and maternity relief are provided; and

e. that the Government shall take steps, by suitable legislation or in any other way, to secure
the participation of employee in the management of undertakings, establishments or other
organisations engaged in any industry.



1.5 Labour Policy of India

Labour policy in India has been evolving in response to specific needs of the situation to suit
requirements of planned economic development and social justice and has two fold objectives,
namely maintaining industrial peace and promoting the welfare of labour.
Labour Policy Highlights


Y Creative measures to attract public and private investment.


Y Creating new jobs


Y New Social security schemes for workers in the unorganized sector.


Y Social security cards for workers.


Y Unified and beneficial management of funds of Welfare Boards.


Y Reprioritization of allocation of funds to benefit vulnerable workers.


Y Model employeeemployer relationships.


Y Long term settlements based on productivity.


Y Vital industries and establishments declared as `public utilities`.


Y Special conciliation mechanism for projects with investments of Rs.150 crores or more.


Y Industrial Relations committees in more sectors.
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Y Labour Law reforms in tune with the times. Empowered body of experts to suggest required
changes.

Y Statutory amendments for expediting and streamlining the mechanism of Labour Judiciary.


Y Amendments to Industrial Disputes Act in tune with the times.


Y Efficient functioning of Labour Department.


Y More labour sectors under Minimum Wages Act.


Y Child labour act to be aggressively enforced.


Y Modern medical facilities for workers.


Y Rehabilitation packages for displaced workers.


Y Restructuring in functioning of employment exchanges. Computerization and updating of
data base.

Y Revamping of curriculum and course content in industrial training.


Y Joint cell of labour department and industries department to study changes in laws and
rules.




2. LABOUR LAWS IN INDIA


The term labour means productive work especially physical work done for wages. Labour law also
known as employment law is the body of laws, administrative rulings, and precedents which address
the legal rights of, and restrictions on, working people and their organizations. There are two broad
categories of labour law. First, collective labour law relates to the tripartite relationship between
employee, employer and union. Second, individual labour law concerns employees' rights at work
and through the contract for work.

The law relating to labour and employment in India is primarily known under the
broad category of "Industrial Law". The prevailing social and economic conditions have been largely
influential in shaping the Indian labour legislation, which regulate various aspects of work such as
the number of hours of work, wages, social security and facilities provided.
10
The labour laws of independent India derive their origin, inspiration and strength partly from the
views expressed by important nationalist leaders during the days of national freedom struggle,
partly from the debates of the Constituent Assembly and partly from the provisions of the
Constitution and the International Conventions and Recommendations. The relevance of the dignity
of human labour and the need for protecting and safeguarding the interest of labour as human
beings has been enshrined in ChapterIII (Articles 16, 19, 23 & 24) and Chapter IV (Articles 39, 41, 42,
43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive
Principles of State Policy. The Labour Laws were also influenced by important human rights and the
conventions and standards that have emerged from the United Nations. These include right to work
of ones choice, right against discrimination, prohibition of child labour, just and humane conditions
of work, social security, protection of wages, redress of grievances, right to organize and form trade
unions, collective bargaining and participation in management. The labour laws have also been
significantly influenced by the deliberations of the various Sessions of the Indian Labour Conference
and the International Labour Conference. Labour legislations have also been shaped and influenced
by the recommendations of the various National Committees and Commissions such as First
National Commission on Labour (1969) under the Chairmanship of Justice Gajendragadkar, National
Commission on Rural Labour (1991), Second National Commission on Labour (2002) under the
Chairmanship of Shri Ravindra Varma etc. and judicial pronouncements on labour related matters
specifically pertaining to minimum wages, bonded labour, child labour, contract labour etc.


Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and
State Governments are competent to enact legislations. As a result , a large number of labour laws
have been enacted catering to different aspects of labour namely, occupational health, safety,
employment, training of apprentices, fixation, review and revision of minimum wages, mode of
payment of wages, payment of compensation to workmen who suffer injuries as a result of
accidents or causing death or disablement, bonded labour, contract labour, women labour and child
labour, resolution and adjudication of industrial disputes, provision of social security such as
provident fund, employees state insurance, gratuity, provision for payment of bonus, regulating the
working conditions of certain specific categories of workmen such as plantation labour, beedi
workers etc.



The legislations can be categorized as follows:
11
1) Labour laws enacted by the Central Government, where the Central Government has the
sole responsibility for enforcement.
2) Labour laws enacted by Central Government and enforced both by Central and State

Governments.

3) Labour laws enacted by Central Government and enforced by the State Governments.

4) Labour laws enacted and enforced by the various State Governments which apply to
respective States.



(a) Labour laws enacted by the Central Government, where the Central Government has the sole
responsibility for enforcement

1. The Employees State Insurance Act, 1948

2. The Employees Provident Fund and Miscellaneous Provisions Act,1952

3. The Dock Workers (Safety, Health and Welfare) Act, 1986

4. The Mines Act, 1952

5. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess)
Act, 1976
6. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act,
1976
7. The Mica Mines Labour Welfare Fund Act, 1946

8. The Beedi Workers Welfare Cess Act, 1976

9. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972

10. The Cine Workers Welfare (Cess) Act, 1981

11. The Beedi Workers Welfare Fund Act, 1976

12. The Cine Workers Welfare Fund Act, 1981


(b) Labour laws enacted by Central Government and enforced both by Central and State
Governments

13. The Child Labour (Prohibition and Regulation) Act, 1986.

14. The Building and Other Constructions Workers (Regulation of Employment and Conditions
of Service) Act, 1996.
15. The Contract Labour (Regulation and Abolition) Act, 1970.

16. The Equal Remuneration Act, 1976.

17. The Industrial Disputes Act, 1947.
12
18. The Industrial Employment (Standing Orders) Act, 1946.

19. The InterState Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979.
20. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain
Establishments) Act, 1988
21. The Maternity Benefit Act, 1961

22. The Minimum Wages Act, 1948

23. The Payment of Bonus Act, 1965

24. The Payment of Gratuity Act, 1972

25. The Payment of Wages Act, 1936

26. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981

27. The Building and Other Construction Workers Cess Act, 1996

28. The Apprentices Act, 1961

29. Unorganized Workers Social Security Act, 2008

30. Working Journalists (Fixation of Rates of Wages Act, 1958

31. Merchant Shipping Act, 1958

32. Sales Promotion Employees Act, 1976

33. Dangerous Machines (Regulation) Act, 1983
34. Dock Workers (Regulation of Employment) Act, 1948
35. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
36. Private Security Agencies (Regulation) Act, 2005





(c) Labour laws enacted by Central Government and enforced by the State Governments


37. The Employers Liability Act, 1938

38. The Factories Act, 1948

39. The Motor Transport Workers Act, 1961

40. The Personal Injuries (Compensation Insurance) Act, 1963

41. The Personal Injuries (Emergency Provisions) Act, 1962

42. The Plantation Labour Act, 1951

43. The Sales Promotion Employees (Conditions of Service) Act, 1976

44. The Trade Unions Act, 1926

45. The Weekly Holidays Act, 1942
13
46. The Working Journalists and Other Newspapers Employees (Conditions of Service) and
Miscellaneous Provisions Act, 1955
47. The Workmens Compensation Act, 1923

48. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

49. The Children (Pledging of Labour) Act 1938

50. The Bonded Labour System (Abolition) Act, 1976

51. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966


State Labour Laws

1. Maharashtra


Sl.No. Name of the labour legislation Central Rules State Rules
1 Apprentices Act , 1961 Apprentices Rules, 1961 Nil
2 The Beedi and Cigar Workers
(Conditions of Employment) Act,
1966

3 Beedi Workers Welfare Fund
Act, 1976

4 The Beedi Workers Welfare Cess
Act, 1976
The Beedi Worker's
Welfare Cess Rules, 1977

5 The Building & Other
Construction Workers
(Regulation of Employment &
Conditions of Service) Act, 1996

6 Bonded Labour System
(Abolition) Act, 1976

7 Contract Labour (Regulation &
Abolition) Act , 1970
Maharashtra Contract
Labour (Regulation and
Abolition) Rules, 1971
8 The Child Labour (Prohibition
14

And Regulation) Act, 1986
9 Children (Pledging of Labour)
Act, 1933

10 The Cinema Workers and
Cinema Theatre Workers
(Regulation of Employment) Act,
1981
The Cinema Workers and
Cinema Theatre Workers
(Regulation of
Employment) Rules, 1984

11 The Cine Workers Welfare Fund
Act, 1981.

12 The Cine Workers Welfare Cess
Act, 1981

13 The Dock Workers (Regulation of
Employment) Act, 1948

14 The Dock Workers (Safety,
Health & Welfare) Act, 1986

15 The Dock Workers (Regulation
of Employment) (inapplicability
to Major Ports) Act, 1997

16 Employee State Insurance Act ,
1948
Employees State
Insurance Rules, 1950

Employees State

Insurance (General)
Regulations, 1950

17 Employee's Provident Fund and
Miscellaneous Provisions Act ,
1952
Employees' Deposit
Linked Insurance Scheme
, 1976

18 Employment Exchanges
(Compulsory Notification of
Vacancies) Act , 1959
Employment Exchanges
(Compulsory Notification
of Vacancies) Rules, 1960

15

19 The Employment of Manual
Scavengers and Construction of
Dry latrines Prohibition Act,
1993

20 Equal Remuneration Act , 1976 Equal Remuneration
Rules, 1976

21 Factories Act, 1948 Maharashtra Factories
Rules, 1963
22 The Fatal Accidents Act, 1855
23 Industrial Disputes Act, 1947 Industrial disputes

(Bombay) rules, 1957
24 The Bombay Industrial
Relations Act, 1946
25 Industrial Employment and
Standing Orders Act , 1946
Bombay Industrial
Employment [Standing
Orders] Rules, 1959
26 The Interstate Migrant
Workmen (Regulation of
Employment and Conditions of
Service) Act, 1979
The Interstate Migrant
Workmen (Regulation of
Employment and
Conditions of Service)
Rules, 1983

27 The Iron Ore Mines, Manganese
Ore Mines & Chrome Ore Mines
Labour Welfare Fund Act, 1976

28 The Iron Ore Mines, Manganese
Ore Mines & Chrome Ore Mines
Labour Welfare Cess Act, 1976

29 Labour Laws (Exemption from
Furnishing Returns &
Maintaining Registers by Certain

16

Establishments) Act, 1988
30 The Bombay Labour
Welfare Fund Act, 1953
31 Maternity Benefit Act , 1961 Maharashtra Maternity
Benefit Rules, 1965
32 Minimum Wages Act , 1948 Maharashtra Minimum
Wages Rules 1963
33 Maharashtra Workmens
Minimum House Rent
Allowance Act, 1986,
34 The Maharashtra Mathadi,
Hamal and Other Manual
Workers (Regulation of
Employment and Welfare)
Act, 1969
35 The Mica Mines Labour Welfare
Fund Act, 1946

36 The Limestone & Dolomite
Mines Labour Welfare Fund Act,
1972

37 The Motor Transport Workers
Act, 1961

38 Payment of Bonus Act , 1965 Payment of Bonus Rules,
1975

39 Payment of Gratuity Act , 1972 Payment of Gratuity

(Maharashtra) Rules, 1972
40 Payment of Wages Act , 1936 Maharashtra Payment of
wages Rules, 1963
41 Bombay Shops &
Establishment Act, 1948
17

42 The Plantation Labour Act, 1951
43 The Public Liability Insurance
Act, 1991

44 The Sales Promotion Employees
(Conditions of Service) Act, 1976
The Sales Promotion
Employees (Conditions of
Service) Rules, 1976

45 Trade Unions Act , 1926 Maharashtra Recognition
of Trade Unions and
Prevention of Unfair
Labour Practices Act, 1971
46 Maharashtra Recognition
of Trade Unions and
Prevention of Unfair
Labour Practices Act, 1971
47 The Unorganized Workers Social
Security Act, 2008
The Unorganized
Workers Social Security
Rules, 2008

48 The War Injuries Ordinance Act,
1943

49 The War Injuries (Compensation
Insurance) Act, 1943

50 The Weekly Holidays Act, 1942 Repealed in Maharashtra
by Mah. Act 26 of 1961
51 Workmens Compensation Act,
1923
Bombay Workmen's
Compensation Rules, 1934
52 The Working Journalist (Fixation
of Rates of Wages) Act, 1958

53 The Working Journalists and
other Newspaper Employees
The Working Journalists
and other Newspaper

18

(Conditions of Service and Misc.
Provisions) Act, 1955
Employees

(Conditions of
Service and Misc.
Provisions) Rules, 1957

54 Labour Courts (Practice and
Procedure) Rules, 1975




2. Gujarat


Sl.No. Name of the labour legislation Central Rules State Rules
1 Apprentices Act , 1961 Apprentices Rules, 1961
2 The Beedi and Cigar Workers
(Conditions of Employment) Act,
1966

3 Beedi Workers Welfare Fund
Act, 1976

4 The Beedi Workers Welfare Cess
Act, 1976
The Beedi Worker's
Welfare Cess Rules, 1977

5 The Building & Other
Construction Workers
(Regulation of Employment &
Conditions of Service) Act, 1996

6 Bonded Labour System
(Abolition) Act, 1976

7 Contract Labour (Regulation &
Abolition) Act , 1970
Contract Labour
(Regulation and Abolition)
Gujarat Rules, 1972
8 The Child Labour (Prohibition
And Regulation) Act, 1986

19

9 Children (Pledging of Labour)
Act, 1933

10 The Cinema Workers and
Cinema Theatre Workers
(Regulation of Employment) Act,
1981
The Cinema Workers and
Cinema Theatre Workers
(Regulation of
Employment) Rules, 1984

11 The Cine Workers Welfare Fund
Act, 1981.

12 The Cine Workers Welfare Cess
Act, 1981

13 The Dock Workers (Regulation of
Employment) Act, 1948

14 The Dock Workers (Safety,
Health & Welfare) Act, 1986

15 The Dock Workers (Regulation
of Employment) (inapplicability
to Major Ports) Act, 1997

16 Employee State Insurance Act ,
1948
Employees State
Insurance Rules, 1950

Employees State

Insurance (General)
Regulations, 1950

17 Employee's Provident Fund and
Miscellaneous Provisions Act ,
1952
Employees' Deposit
Linked Insurance Scheme
, 1976

18 Employment Exchanges
(Compulsory Notification of
Vacancies) Act , 1959
Employment Exchanges
(Compulsory Notification
of Vacancies) Rules, 1960

19 The Employment of Manual
Scavengers and Construction of

20

Dry latrines Prohibition Act,
1993

20 Equal Remuneration Act , 1976 Equal Remuneration
Rules, 1976

21 Factories Act, 1948 Gujarat Factories Rules,
1963
Gujarat Payment of
Unemployment Allowance
to Workmen in Factories
Act, 1981
22 The Fatal Accidents Act, 1855
23 Gujarat Physically

Handicapped Persons
(Employment in Factories)
Act and Rules, 1982
24 Industrial Disputes Act, 1947 Industrial disputes

(Gujarat) rules, 1966
25 The Bombay Industrial
Relations Act, 1946
26 Industrial Employment and
Standing Orders Act , 1946
Gujarat Industrial
Employment [Standing
Orders] Rules, 1982
27 The Interstate Migrant
Workmen (Regulation of
Employment and Conditions of
Service) Act, 1979
The Interstate Migrant
Workmen (Regulation of
Employment and
Conditions of Service)
Rules, 1983

28 The Iron Ore Mines, Manganese
Ore Mines & Chrome Ore Mines

21

Labour Welfare Fund Act, 1976
29 The Iron Ore Mines, Manganese
Ore Mines & Chrome Ore Mines
Labour Welfare Cess Act, 1976

30 Labour Laws (Exemption from
Furnishing Returns &
Maintaining Registers by Certain
Establishments) Act, 1988

31 The Bombay Labour
Welfare Fund Act, 1953
32 Maternity Benefit Act , 1961 Gujarat Maternity Benefit
Rules, 1964
33 Minimum Wages Act , 1948 Gujarat Minimum Wages
Rules, 1961
34 The Mica Mines Labour Welfare
Fund Act, 1946

35 The Limestone & Dolomite
Mines Labour Welfare Fund Act,
1972

36 The Motor Transport Workers
Act, 1961
The Motor Transport
Workers Gujarat Rules,
1965
37 Payment of Bonus Act , 1965 Payment of Bonus Rules,
1975

38 Payment of Gratuity Act , 1972 Payment of Gratuity

(Gujarat) Rules, 1976
39 Payment of Wages Act , 1936 Gujarat Payment of Wages

Rules, 1963
40 Bombay Shops &
22

Establishment Act, 1948
41 The Plantation Labour Act, 1951
42 The Public Liability Insurance
Act, 1991

43 The Sales Promotion Employees
(Conditions of Service) Act, 1976
The Sales Promotion
Employees (Conditions of
Service) Rules, 1976

44 Trade Unions Act , 1926
45 The Unorganized Workers Social
Security Act, 2008
The Unorganized
Workers Social Security
Rules, 2008

46 The War Injuries Ordinance Act,
1943

47 The War Injuries (Compensation
Insurance) Act, 1943

48 The Weekly Holidays Act, 1942
49 Workmens Compensation Act,
1923
Gujarat Workmen's
Compensation Rules, 1967
50 The Working Journalist (Fixation
of Rates of Wages) Act, 1958

51 The Working Journalists and
other Newspaper Employees
(Conditions of Service and Misc.
Provisions) Act, 1955
The Working Journalists
and other Newspaper
Employees
(Conditions of
Service and Misc.
Provisions) Rules, 1957

52 Labour Courts (Practice and
Procedure) Rules, 1975

23
3. Madhya Pradesh




Sl.No. Name of the labour legislation Central Rules State Rules
1 Apprentices Act , 1961 Apprentices Rules, 1961
2 The Beedi and Cigar Workers
(Conditions of Employment) Act,
1966

3 Beedi Workers Welfare Fund
Act, 1976

4 The Beedi Workers Welfare Cess
Act, 1976
The Beedi Worker's
Welfare Cess Rules, 1977

5 The Building & Other
Construction Workers
(Regulation of Employment &
Conditions of Service) Act, 1996

6 Bonded Labour System
(Abolition) Act, 1976

7 Contract Labour (Regulation &
Abolition) Act , 1970
Contract Labour
(Regulation and Abolition)
Madhya Pradesh Rules,
1973
8 The Child Labour (Prohibition
And Regulation) Act, 1986

9 Children (Pledging of Labour)
Act, 1933

10 The Cinema Workers and
Cinema Theatre Workers
(Regulation of Employment) Act,
The Cinema Workers and
Cinema Theatre Workers
(Regulation of

24

1981 Employment) Rules, 1984
11 The Cine Workers Welfare Fund
Act, 1981.

12 The Cine Workers Welfare Cess
Act, 1981

13 The Dock Workers (Regulation of
Employment) Act, 1948

14 The Dock Workers (Safety,
Health & Welfare) Act, 1986

15 The Dock Workers (Regulation
of Employment) (inapplicability
to Major Ports) Act, 1997

16 Employee State Insurance Act ,
1948
Employees State
Insurance Rules, 1950

Employees State

Insurance (General)
Regulations, 1950

17 Employee's Provident Fund and
Miscellaneous Provisions Act ,
1952
Employees' Deposit
Linked Insurance Scheme
, 1976

18 Employment Exchanges
(Compulsory Notification of
Vacancies) Act , 1959
Employment Exchanges
(Compulsory Notification
of Vacancies) Rules, 1960

19 The Employment of Manual
Scavengers and Construction of
Dry latrines Prohibition Act, 1993

20 Equal Remuneration Act , 1976 Equal Remuneration
Rules, 1976

21 Factories Act, 1948 Madhya Pradesh Factories
Rules, 1962
25

22 The Fatal Accidents Act, 1855
24 Industrial Disputes Act, 1947
25 Madhya Pradesh Industrial
Relations Act, 1960 and
Madhya Pradesh Industrial
Relations Rules, 1961
26 Industrial Employment and
Standing Orders Act , 1946
Madhya Pradesh Industrial
Employment (Standing
Orders) Act, 1961
27 The Interstate Migrant
Workmen (Regulation of
Employment and Conditions of
Service) Act, 1979
InterState Migrant
Workmen (Regulation of
Employment and
Conditions of Service) M.P.
Rule, 1981
28 The Iron Ore Mines, Manganese
Ore Mines & Chrome Ore Mines
Labour Welfare Fund Act, 1976

29 The Iron Ore Mines, Manganese
Ore Mines & Chrome Ore Mines
Labour Welfare Cess Act, 1976

30 Labour Laws (Exemption from
Furnishing Returns &
Maintaining Registers by Certain
Establishments) Act, 1988

31 Labour Welfare Fund Act
32 Maternity Benefit Act , 1961 Maternity Benefit Rules
33 Minimum Wages Act , 1948 Minimum Wages Rules
34 The Mica Mines Labour Welfare
Fund Act, 1946

26

35 The Limestone & Dolomite
Mines Labour Welfare Fund Act,
1972

36 The Motor Transport Workers
Act, 1961

37 Payment of Bonus Act , 1965 Payment of Bonus Rules,
1975

38 Payment of Gratuity Act , 1972 Payment of Gratuity Rules
39 Payment of Wages Act , 1936 Madhya Pradesh Payment

of Wages Rules, 1962
40 Madhya Pradesh Shops &
Establishment Act, 1958
41 The Plantation Labour Act, 1951
42 The Public Liability Insurance
Act, 1991

43 The Sales Promotion Employees
(Conditions of Service) Act, 1976
The Sales Promotion
Employees (Conditions of
Service) Rules, 1976

44 Trade Unions Act , 1926
45 The Unorganized Workers Social
Security Act, 2008
The Unorganized
Workers Social Security
Rules, 2008

46 The War Injuries Ordinance Act,
1943

47 The War Injuries (Compensation
Insurance) Act, 1943

48 The Weekly Holidays Act, 1942
49 Workmens Compensation Act, Workmens Compensation
(Madhya Pradesh) Rules,
27

1923 1962, Madhya Pradesh
Workmens Compensation
(Occupational Diseases)
Rules, 1963
50 The Working Journalist (Fixation
of Rates of Wages) Act, 1958

51 The Working Journalists and
other Newspaper Employees
(Conditions of Service and Misc.
Provisions) Act, 1955
The Working Journalists
and other Newspaper
Employees
(Conditions of

Service and Misc.
Provisions) Rules, 1957

52 Labour Courts (Practice and
Procedure) Rules, 1975


3. Classification of LABOUR LAWS in India

Labour Laws may be classified under the following heads:

I. Laws related to Industrial Relations such as:

1. Trade Unions Act, 1926
2. Industrial Employment Standing Order Act, 1946.
3. Industrial Disputes Act, 1947.

II. Laws related to Wages such as:

4. Payment of Wages Act, 1936
5. Minimum Wages Act, 1948
6. Payment of Bonus Act, 1965.
7. Working Journalists (Fixation of Rates of Wages Act, 1958

III. Laws related to Working Hours, Conditions of Service and Employment such as:

8. Factories Act, 1948.
9. Plantation Labour Act, 1951.
10. Mines Act, 1952.
11. Working Journalists and other Newspaper Employees (Conditions of Service
and Misc. Provisions) Act, 1955.
12. Merchant Shipping Act, 1958.
13. Motor Transport Workers Act, 1961.
28
14. Beedi & Cigar Workers (Conditions of Employment) Act, 1966.
15. Contract Labour (Regulation & Abolition) Act, 1970.
16. Sales Promotion Employees Act, 1976.
17. InterState Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979.
18. Dock Workers (Safety, Health & Welfare) Act, 1986.
19. Building & Other Construction Workers (Regulation of Employment &
Conditions of Service) Act, 1996.
20. Building and Other Construction Workers Welfare Cess Act, 1996
21. CineWorkers and Cinema Theatre Workers (Regulation of Employment) Act,
1981
22. Dangerous Machines (Regulation) Act, 1983
23. Dock Workers (Regulation of Employment) Act, 1948
24. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports)
Act, 1997
25. Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act, 1993
26. Industrial Employment (Standing Orders) Act, 1946
27. Mines and Mineral (Development and Regulation Act, 1957
28. Plantation Labour Act, 1951
29. Private Security Agencies (Regulation) Act, 2005

IV. Laws related to Equality and Empowerment of Women such as:

30. Maternity Benefit Act, 1961
31. Equal Remuneration Act, 1976.

V. Laws related to Deprived and Disadvantaged Sections of the Society such as:

32. Bonded Labour System (Abolition) Act, 1976
33. Child Labour (Prohibition & Regulation) Act, 1986
34. Children (Pledging of Labour) Act, 1933

VI. Laws related to Social Security such as:

35. Workmens Compensation Act, 1923.
36. Employees State Insurance Act, 1948.
37. Employees Provident Fund & Miscellaneous Provisions Act, 1952.
38. Payment of Gratuity Act, 1972.
39. Employers Liability Act, 1938
40. Beedi Workers Welfare Cess Act, 1976
41. Beedi Workers Welfare Fund Act, 1976
42. Cine workers Welfare Cess Act, 1981
43. Cine Workers Welfare Fund Act, 1981
44. Fatal Accidents Act, 1855
45. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
Welfare Cess Act, 1976
46. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour
Welfare Fund Act, 1976
47. Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
48. Mica Mines Labour Welfare Fund Act, 1946
29
49. Personal Injuries (Compensation Insurance) Act, 1963
50. Personal Injuries (Emergency Provisions) Act, 1962
51. Unorganised Workers Social Security Act, 2008

4a. APPRENTICES ACT, 1961


The main purpose of the Act is to provide practical training to technically qualified persons in various
trades. The objective is promotion of new skilled manpower. The scheme is also extended to
engineers and diploma holders.

The Act applies to areas and industries as notified by Central government. [Section 1(4)].


Scheme of the Act


There are 38 Sections in total and 1 Schedule. This Schedule is about modifications in the
Workmens Compensation Act, 1923 with regard to its application to apprentices under the
Apprentices Act, 1961.

Obligation of Employer


Y Every employer is under obligation to provide the apprentice with the training in his trade in
accordance with the provisions of this Act and the rules made there under.
Y If the employer is not himself qualified in the trade, he has to ensure that a person who
possesses the prescribed qualification is placed in charge of the training of the apprentice.
Y Every employer has to provide adequate instructional staff, possessing such qualifications as

may be prescribed for imparting practical and theoretical training and facilities for trade test
of apprentices; and
Y Every employer is under obligation to take apprentices in prescribed ratio of the skilled

workers in his employment in different trades. [Section 11].

Y In every trade, there will be reserved places for scheduled castes and schedules tribes.
[Section 3A]. Ratio of trade apprentices to workers shall be determined by Central
Government.
Y Employer can engage more number of apprentices than prescribed minimum. [Section 8(1)].
Y The employer has to make arrangements for practical training of apprentice [Section 9(1)].
Y Employer will pay stipends to apprentices at prescribed rates. If the employees are less than
250, 50% of cost is shared by Government. If employer is employing more than 250
workers, he has to bear full cost of training.
30
Obligations of Apprentices


Every trade apprentice undergoing apprenticeship training shall have the following obligations,
namely:

Y To learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled
craftsman before the expiry of the period of training;
Y To attend practical and instructional classes regularly;

Y To carry out all lawful orders of his employer and superiors in the establishments; and

Y To carry out his obligations under the contract of apprenticeship.


In case of graduate or technician apprentice or technician (vocational) apprentice, apart from the
afore stated obligations, the Act imposes further obligation to learn his subject in Engineering or
Technology or Vocational Course. (Section 12)

Who can be an Apprentice Apprentice should be of minimum age of 14 years and he should satisfy
the standard of education and physical fitness as prescribed. [Section 3].

Reservation of training places for scheduled castes


Section 3A provides that in every designated trade, training places shall be reserved by the employer
for the Scheduled Castes and Scheduled Tribes (as defined in clauses (24) and (25) of Article 366 of
the Constitution) and where there is more than one designated trade in an establishment, such
training places shall be reserved on the basis on the total number of apprentices in all the
designated trades in such establishment. The reservation shall be such as may be prescribed having
regard to the population of the Scheduled Castes and Scheduled Tribes in the State concerned.

Duration of Training Duration of training period and ratio of apprentices to skilled workers for
different trades has been prescribed in Apprenticeship Rules, 1991. Duration of Apprenticeship may
be from 6 months to 4 years depending on the trade, as prescribed in Rules. Period of training is
determined by National Council for training in Vocational Trades (established by Government of
India)(Section 6).

Contract with Apprentice Apprentice appointed has to execute a contract of apprenticeship with
employer. The contract has to be registered with Apprenticeship Adviser. If apprentice is minor,
agreement should be signed by his guardian. [Section 4(1)] Apprentice is entitled to casual leave of
12 days, medical leave of 15 days and extraordinary leave of 10 days in a year.
31
Date of commencement of apprenticeship training


The apprenticeship training shall be deemed to have commenced on the date on which the contract
of apprenticeship has been entered into.

Registration


Y The employer shall send the contract to the Apprenticeship adviser for registration within
three months of the date on which it was signed (Rule 6).
Y The contract shall be registered by the Apprenticeship Adviser on being satisfied that the
person described as an apprentice in the said contract is qualified under this Act.
Y Registration of contract of apprenticeship under Section 4(4) is not a necessary ingredient of
definition of apprentice. (Bhaskaran v. KSEB (1986) 1 LLN 869).

Terms and conditions of contract


The contract may contain such terms and conditions as may be agreed to by the parties to the
contract. In case, the Central Government after consulting the Central Apprenticeship Council makes
any rule varying the terms and conditions of apprenticeship training of any category of apprentices
undergoing such training then the terms and conditions of every contract relating to that category of
apprentices and subsisting immediately before the making of such rule shall be deemed to have
been modified accordingly.

Novation of contract of apprenticeship:


Where an employer is for any reason unable to fulfill his obligations under the contract and with
approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his
guardian and any other employer that the apprentice shall be engaged as an apprentice under the
other employer for the unexpired portion of the period of apprenticeship training, the agreement,
on registration with the Apprenticeship Adviser shall be deemed to be the contract of apprenticeship
between the apprentice or his guardian and other employer. Such contract on and from the date of
such registration shall be terminated with the first employer and no obligation under that contract
shall be enforceable (Section 5).

Payment to apprentices
32
This is a contractual as well as statutory obligation imposed under Section 13 of the Act that an
employer pays to every apprentice during the period of training such stipend at a rate not less than
the prescribed minimum rate and this rate will be specified in the contract. An employer shall pay
such stipend at such intervals and subject to such conditions as may be prescribed. However, an
apprentice shall not be paid on the basis of piecework nor he shall take part in any output bonus or
other incentive scheme.

Termination of contract


The contract of apprenticeship training shall terminate on the expiry of the period of apprenticeship
training. Either party can make application for termination of contract to the Apprenticeship Adviser
and thereafter send a copy of the same to the other party, who on being satisfied that the parties
have failed to carry out the terms and conditions of the contract and it is desirable in the interests of
the parties or any of them to terminate the contract, shall register the same. However, the employer
shall pay the prescribed amount of compensation to the apprentice where the contract is
terminated for failure on the part of the employer to honour the contract. Where the contract is
terminated for failure on the part of the apprentice, he or his guardian shall refund the cost of the
training to the employer. (Section 7)

Legal Position of Apprentices An apprentice is not a workman during apprentice training. [Section
18] Provisions of labour law like Bonus, PF, ESI.

Act, gratuity, Industrial Disputes Act etc. are not applicable to him. However, provisions of Factories
Act regarding health, safety and welfare will apply to him. Apprentice is also entitled to get
compensation from employer for employment injury. [Section 16].

An employer is under no obligation to employ the apprentice after completion of apprenticeship.
[Section 22(1)]. However, in UP State Road Transport Corpn v. UP Parivahan Nigam Shishukh
Berozgar Sangh AIR 1995 SC 1114 = (1995) 2 SCC 1 , it was held that other things being equal, a
trained apprentice should be given preference over direct recruits. It was also held that he need not
be sponsored by the employment exchange. Age bar may also be relaxed, to the extent of training
period. The concerned institute should maintain a list of persons already trained and in between
trained apprentices, preference should be given to those who are senior. same view in UP Rajya
Vidyut Parishad v. State of UP 2000 LLR 869 (SC).
33
Stipend payable The minimum rate of stipend payable per month is as follows (a) Engineering
graduates Rs 1,970 p.m. for postinstitutional training (b) Sandwich course students for degree
examination Rs 1,400 p.m. (c) diploma holders Rs 1,400 p.m. for postinstitutional training (d)
Sandwich course students for degree examination Rs 1,140 p.m. (e) Vocational certificate holder
Rs 1,090 p.m. [w.e.f. May 2001]

In case of 4 year training, the stipend is as follows first year Rs 820 pm. Second year Rs 940 pm.
Third year Rs 1,090 pm. Fourth year Rs 1,230 pm. [From May 2001].

Test and Proficiency certificate On completion of training, every trade apprentice has to appear for
a test conducted by National Council. If he passes, he gets a certificate of proficiency.

Apprenticeship Adviser Government is empowered to appoint Apprenticeship Adviser, Dy
Apprenticeship Adviser etc. to supervise the scheme. Various powers have been conferred on them
under the Act.

Disputes under contract and settlement thereof


Section 20 of the Act provides that if out of the terms and conditions of the contract any dispute
arises, it will be referred to Apprenticeship Adviser for decision. An appeal can be preferred by the
aggrieved party within 30 days of the communication of the Advisers decision to the Apprenticeship
Council and such appeal shall be heard and determined by the Committee of that Council appointed
for the purpose, and such decision of the Committee shall be final.

Holding of Test and Grant of Certificate and Conclusion of Training (Section 21) (1) Every trade
apprentice who has completed the period of training shall appear for a test to be conducted by the
National Council to determine his proficiency in the designated trade in which he has undergone his
apprenticeship training.

(2) Every trade apprentice who passes the test referred to in subSection (1) shall be granted a
certificate of proficiency in the trade by the National Council.

(3) The progress in apprenticeship training of every graduate or technician apprentice, technician
(vocational) apprentice shall be assessed by the employer from time to time.
34
(4) Every graduate or technician apprentice or technician (vocational) apprentice, who completes his
apprenticeship training to the satisfaction of the concerned Regional Board, shall be granted a
certificate of proficiency by that Board.










(2) Notwithstanding anything in subSection (1), where there is a condition in a contract of
apprenticeship shall, after the successful completion of the apprenticeship training, serve the
employer, the employer shall, on such completion, be bound to offer suitable employment to the
apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period
and on such remuneration as may be specified in the contract:

Provided that where such period or remuneration is not, in the opinion of the Apprenticeship
Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the
period or remuneration so revised shall be deemed to be the period or remuneration agreed to
between the apprentice and the employer.

Offences and Penalties (Section 30)


(1) If any employer (a) engages as an apprentice a person who is not qualified for being so engaged,
or

(b) fails to carry out the terms and conditions of a contract of apprenticeship, or


(c) contravenes the provisions of this Act relating to the number of apprentices which he is required
to engage under those provisions, he shall be punishable with imprisonment for a term which may
extend to six months or with fine or with both.

(2) If any employer or any other person (a) required to furnish any information or return (i)
refuses or neglects to furnish such information or return, or

(ii) furnishes or causes to be furnished any information or return which is false and which he either
knows or believes to be false or does not believe to be true, or
35
(iii) refuses to answer, or gives a false answer to any question necessary for obtaining any
information required to be furnished by him, or

(b) refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser or such
other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by
the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for
making any entry, inspection, examination or inquiry authorised by or under this Act, or

(c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or


(d) employs an apprentice on any work which is not connected with his training, or


(e) makes payment to an apprentice on the basis of piecework,
or


(f) requires an apprentice to take part in any output bonus or incentive scheme, he shall be
punishable with imprisonment for a term which may extend to six months or with fine or with both.

Penalty where no specific penalty is specified (Section 31) If any employer or any other person
contravenes any provision of this Act for which no punishment is provided in Section 30, he shall be
punishable with fine which shall not be less than one thousand rupees but may extend to three
thousand rupees.

Offences by Companies (Section 32)


(1) If the person committing an offence under this Act is a company, every person who, at the time
the offence was committed was in charge of, and was responsible to, the company for the conduct
of business of the company, as well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this subSection shall render any such person liable to such
punishment provided in this Act if he proves that the offence was committed without his knowledge
or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in subSection (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or
other officer of the company, such director, manager, secretary, or other officer shall also be
36
deemed to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.

Explanation: For the purposes of this Section, (a) "company" means a body corporate and includes
a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.




Cognizance of Offences (Section 33)


No court shall take cognizance of any offence under this Act or the rules made there under except
on a complaint thereof in writing made by the Apprenticeship Adviser or the officer of the rank of
Deputy Apprenticeship Adviser and above within six months from the date on which the offence is
alleged to have been committed.




4b. Employee State Insurance Act, 1948




Introduction

The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted
primarily with the object of providing certain benefits to employees in case of sickness, maternity
and employment injury and also to make provision for certain others matters incidental thereto. The
Act in fact tries to attain the goal of socioeconomic justice enshrined in the Directive principles of
state policy under part 4 of our constitution, in particular articles 41, 42 and 43 which enjoin the
state to make effective provision for securing, the right to work, to education and public assistance
in cases of unemployment, old age, sickness and disablement. The act strives to materialize these
avowed objects through only to a limited extent. This act becomes a wider spectrum than factory
act. In the sense that while the factory act concerns with the health, safety, welfare, leave etc of the
workers employed in the factory premises only. But the benefits of this act extend to employees
whether working inside the factory or establishment or elsewhere or they are directly employed by
the principal employee or through an intermediate agency, if the employment is incidental or in
connection with the factory or establishment.

Related Legislations: ESI (Central) Rules, 1950 and ESI (General) Regulations, 1950
37


Origin

The Employee State Insurance act was promulgated by the Parliament of India in the year 1948.To
begin with the ESIC scheme was initially launched on 2
nd
February 1952 at just two industrial centers
in the country namely Kanpur and Delhi with a total coverage of about 1.20 lakh workers. There
after the scheme was implemented in a phased manner across the country with the active
involvement of the state governments.

Objectives:

The ESI Act is a social welfare legislation enacted with the object of providing certain benefits to
employees in case of sickness, maternity and employment injury. Under the Act, employees will
receive medical relief, cash benefits, maternity benefits, pension to dependents of deceased workers
and compensation for fatal or other injuries and diseases.

Definitions

According to Section 2 (m) of Factories Act, 1948, Factory means any premises including the precints
thereof

(a) whereon ten or more persons are employed or were employed for wages on any day of the
preceding twelve months, and in any part of which a manufacturing process is being carried on with
the aid of power or is ordinarily so carried on, or

(b) whereon twenty or more persons are employed or were employed for wages on any day of the
preceding twelve months, and in any part of which a manufacturing process is being carried on
without the aid of power or is ordinarily so carried on.
but does not include a mine subject to the operation of Mines Act, 1952 or a railway running shed;
According to Section 2 (k) of Factories Act, "manufacturing process" means any process for (i)
making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up,
demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale,
transport, delivery or disposal, or

(ii) pumping oil, water, sewage or any other substance; or;


(iii) generating, transforming or transmitting power;
or
38


(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar
process or book binding; lra6 ] [ lra7 or lra7 ]

(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or
vessels;


(vi) preserving or storing any article in cold
storage;


According to Section 2 (h) of The Minimum Wages Act, "wages" means all remuneration capable of
being expressed in terms of money which would if the terms of the contract of employment express
or implied were fulfilled be payable to a person employed in respect of his employment or of work
done in such employment and includes house rent allowance but does not include

(i) the value of


(a) any house accommodation supply of light water medical attendance or


(b) any other amenity or any service excluded by general or special order of the appropriate
government;

(ii) any contribution paid by the employer to any person fund or provident fund or under any scheme
of social insurance;

(iii) any traveling allowance or the value of any traveling
concession;


(iv) any sum paid to the person employed to defray special expenses entailed on him by the nature
of his employment; or

(v) any gratuity payable on
discharge


Applicability:


The ESI Act extends to the whole of India.

It applies to all the factories including Government factories (excluding seasonal factories),
which employ 10 or more employees and carry on a manufacturing process with the aid of
power and 20 employees where manufacturing process is carried out without the aid of
power.
The act also applies to shops and establishments. Generally, shops and establishments
39
employing more than 20 employees are covered by the Act. Shop according to the Delhi
Shops and Establishment Act, 1954 means any premises where goods are sold either by
39
retail or wholesale or where services are rendered to customers, and includes an office, a
storeroom, godown, warehouse or workhouse or work place, whether in the same premises
or otherwise, used in or in connection with such trade or business but does not include a
factory or a commercial establishment. Establishment means a shop, a commercial
establishment, residential hotel, restaurant, eatinghouse, theatre or other places of public
amusement or entertainment to which this Act applies and includes such other
establishment as Government may, by notification in the Official Gazette, declare to be an
establishment for the purpose of this Act. According to the Delhi Shops and Establishment
Act, 1954, Commercial Establishment means any premises wherein any trade, business or
profession or any work in connection with, or incidental or ancillary thereto is carried on and
includes a society registered under the Societies Registration Act, 1860, and charitable or
other trust, whether registered or not, which carries on any business, trade or profession or
work in connection with, or incidental or ancillary thereto, journalistic and printing
establishments, contractors and auditors establishments, quarries and mines not governed
by the Mines Act, 1952, educational or other institutions run for private gain, and premises
in which business of banking, insurance, stocks and shares, brokerage or produce exchange
is carried on, but does not include a shop or a factory registered under the Factories Act,
1948, or theatres, cinemas, restaurants, eating houses, residential hotels, clubs or other
places of public amusements or entertainment. Form 01 Employers Registration Form also
requires a copy of the registration certificate or licence obtained under the Shops and
Establishment Act to be attached along with this form. From this it is quite evident that ESI
Act will be applicable to shops and establishments. Again the definition of shops and
establishment will vary from state to state depending on the shops and establishment act of
that particular state.
The act does not apply to any member of Indian Naval, Military or Air Forces.

All employees including casual, temporary or contract employees drawing wages less than
Rs 10,000 per month are covered. The ceiling limit has been raised from Rs.7500 to Rs.10000
with effect from 01.10.06.
Apprentices covered under the Apprenticeship Act are not covered under this Act. According
to Apprenticeship Act 1961, apprentice means a person who is undergoing apprenticeship
training in pursuance of a contract of apprenticeship.
o The apprentices under any scheme as the name suggests come to learn the tricks of
the trade and may not count much so far as the output of the factory is concerned,
with that end in view, the apprentices are exempted from the operation of laws
40
relating to labour unless the State Government thought otherwise. Regional
Director ESIC v. M/s Arudyog 1987 (1) LLJ 292.
A factory or establishment, to which this Act applies, shall continue to be governed by its
provisions even if the number of workers employed falls below the specified limit or the
manufacturing process therein ceases to be carried on with the aid of power subsequently.
Where a workman is covered under the ESI scheme,

o Compensation under the Workmen's Compensation Act cannot be claimed in
respect of employment injury.
o No benefits can be claimed under the Maternity Benefits Act.

Important Case laws


1. Where by some club not only sporting facilities but a kitchen is also maintained, wherein a
big number of members come, it is not necessary that they are participating only in sports
activities, they are also entertaining themselves and their guests by partaking beverages and
tea served by the club. Activity in the kitchen has a direct connection with the activities
carried on in the rest of the club premises. It is necessary that the club be registered under
ESI Act as regards all the employees engaged by the club irrespective of the fact in which
department they are working. Cricket Club of India satisfies the definition of the term
`factory' under s. 2(12) of the Act hence covered by it. Cricket Club of India v. ESI
Corporation 1994 (69) FLR 19.
2. Where in an establishment activities like that of clearing and forwarding is going on, it would
fall within the expression "shop" even though clearing of documents is done in customs
house meant for export and import of goods. Person involved in such business is catering to
the needs of exporters and importers and others wanting to carry the goods further. AIR
1993 SC 252 .
3. Anyone having product may approach advertising agency. The advertising agency will

prepare an advertising campaign for him utilising the services of the experts it employs in
this behalf. It sells the campaign to the client and receives the price thereof. Indubitably, the
price will depend upon the nature of the campaign but that does not make any great
difference. Essentially, the advertising agency sells its expert services to a client to enable
the client to launch an effective campaign of his products without staining the language, the
premises of an advertising agency can be said to be a "shop"ESI Corporation v. R.K. Swamy
1993 (67) FLR 1145 : 1993 (2) CLR 1068.
4. Where a laidoff employee after signing the layoff register was coming out of the factory
premises and when crossing the road was hit by a scooter, injuries sustained by him were
41
taken as covered during the course of employment on the basis of theory of notional
extension. Satya Sharma v. ESI Corporation 1991 (63) FLR 339 .
5. If the work by the employee is conducted under the immediate gaze or overseeing of the

principal employer or his agent, subject to other conditions as envisaged being fulfilled he
would be an employee for the purpose of s. 2(9). CES Corporation Ltd. v. Subash Chandra
Bose 1992 (1) LLJ 475.
6. A work that is conducive to the work of the factory or establishment or that is necessary for
the augmentation of the work of the factory or establishment will be incidental or
preliminary to or connected with the work of the factory or establishment. The casual
employees shall also be brought within it and are entitled to the benefits which the Act
grants. The casual labour employed to construct additional buildings for expansion of the
factory are the employees under the Act. Regional Director, ESIC v. South India Flour Mills
Ltd. 1986 (53) FLR 178.
7. Employees engaged for repairs, site clearing, construction of buildings, etc. of the principal
employer are employees within the meaning of s. 2(9) of the Act. Kirloskar Pneumatic Co.
Ltd. v. ESI Corporation 1987 (70) FJR 199.
8. The expression "employed for wages or in connection with the work of a factory or
establishment" is of very wide amplitude and its generality is not in any way prejudiced by
the expression and includes any person employed for wages or any work connected with the
administration of the factory or establishment or in connection with sale or distribution of
the products of the factory or establishments. The word "includes" in the statutory
definition of a term is generally used to enlarge the meaning of the preceding words and it is
by way of extension and not with restriction. In order to determine whether the employees
of the company working at its branch sales offices and carrying on acts of sale and
distribution of goods manufactured by the company as well as the goods produced by the
foreign company are "employees" what is pertinent is not whether they are "principally" and
primarily engaged in sale and distribution of the products of the company but whether the
business of sale and distribution either "principally" or "marginally" of the products of the
foreign company is being done on behalf of the company. If the main business of the
company itself at the branch sales offices, is to sell and distribute products of foreign
company and the employees working have been employed by the company basically in
connection with this work, it would be difficult to hold that the employees at branch sales
offices are not "employees" within the meaning of the term defined in s. 2(9) of the Act
notwithstanding the fact that the sale and distribution of the products of the company at
42
such offices are only marginal. Director General, ESI Corporation v. Scientific Instrument Co.
Ltd. 1995 Lab. IC 651 .
9. Where the work of fixing the marble is extended to a contractor by a marble manufacturing

company, duty of the contractor is only to complete the work while marble, cement etc., is
supplied by the manufacturing company, workers employed by the contractor would be the
employees of the factory as under s. 2(9) of the Act. 1992 (2) CLR 881.
10. There is no such difference as that of casual or temporary or permanent employee for the
expression "employee" as defined under s. 2(9) of the Act. It is so wide as to include even a
casual employee who is employed just for a day for wages. The test being whether the
person is employed for wages on any work which is connected with the work of a factory or
establishment which bears the application of the Act except those exempted by the
definition. ESI Corporation v. Suvarna Saw Mills 1980 (57) FJR 154.
11. Where a department of publication and press run by the university concerned is engaged in

the printing of text books, journals, registers, forms, etc., that would amount to
manufacturing process. Osmania University v. ESI Corporation 1986 (1) LLN 72 .
12. Where there was no manufacturing of articles nor the hotel was manufacturing any article

with the aid of power except maintaining one refrigerator to preserve milk and curd, and as
there was no using of power in the kitchen for making the eatables and the refrigerator had
been kept only for preservation of milk and curd, there was no manufacturing process. Ritz
Hotel v. ESI Corpn. 1995 (1) Mah. LJ 63.
13. Wages paid for the holidays are wages as defined. R.D., ESI Corporation v. Raj Keshaw Co.

1991 Lab. IC 1991 Lab. IC 1989.

14. Overtime wages could not be treated as "wages" for the purpose of contribution under the
Act. Hind Art Press v. ESI Corporation 1990 (1) LLJ 195.
15. The ESI Corporation is conferred with the power to recover arrears of contributions from the
employer along with damages/interest on the contribution that remained due.
Correspondingly it is under an obligation to pay with interest the arrears of benefits to the
insured employees or his dependents. ESI Corporation v. Bhag Singh 1989 (2) LLJ 126.
16. Section 53 of the ESI Act (Bar against receiving or recovery of compensation or damages
under any other law) does not bar the remedy under s. 110A of the Motor Vehicles Act,
1939. Deputy General Manager KSRTC v. Gopal Mudaliar 1983 (46) FLR 194.

Areas Covered
43
The ESI Scheme is being implemented areawise by stages. The Scheme is being implemented in
almost all union territories and states except Nagaland, Manipur, Tripura, Sikkim, Arunachal Pradesh
and Mizoram.

Administration of the Act

The provisions of the Act are administered by the Employees State Insurance Corporation. It
comprises members representing employees, employers, the central and state government, besides,
representatives of parliament and medical profession. A standing committee constituted from
amongst the members of the corporation, acts as an executive body. The medical benefit council,
constituted by the central government, is another statutory body that advises the corporation on
matters regarding administration of medical benefit, the certification for purposes of the grant of
benefits and other connected matters.

Registration

The employer should get his factory or establishment registered with the ESI Corporation within 15
days after the Act becomes applicable to it and also obtain the employers code number. Application
should be made in Form 01 and after having being satisfied with the application form, the regional
office will allot a code number to the employer, which must be quoted in all documents and
correspondence.

Identity Card

An employee is required to file a declaration form upon employment in factory or establishment to
show that he is covered under the Act.

On registration every insured person is provided with a temporary identification certificate which is
valid ordinarily for a period of three months but may be extended, if necessary, for a further period
of 3 months. Within this period, the insured person is given a permanent family photo identity card
in exchange for the certificate. The identity card serves as a means of identification and has to be
produced at the time of claiming medical care at the dispensary / clinic and cash benefit at the local
office of the corporation. In the event of change of employment, it should be produced before the
new employer as evidence of registration under the scheme to prevent any duplicate registration.
The identity card bears the signature/thumb impression of the insured person. Since medical benefit
is also available to the families of Insured persons, the particulars of family members entitled to
medical benefit are also given in the identity card affixed with a postcard size family photo. If the
identity card is lost, a duplicate card is issued on payment as prescribed.
44
Employers / Employees Contribution

Like most of the social security schemes, the world over, ESI scheme is a selffinancing health
insurance scheme. Contributions are raised from covered employees and their employers as a fixed
percentage of wages. Presently covered employees contribute 1.75% of the wages, whereas as the
employers contribute 4.75% of the wages, payable to the insured persons. Employees earning less
than and up to Rs. 50 per day are exempted from payment of contribution.

The contribution is deposited by the employer in cash or by cheque at the designated branches of
some nationalized banks. The responsibility for payment of all contributions is that of the employer
with a right to deduct the employees share of contribution from employees wages relating to the
period in respect of which the contribution is payable.

There are two contribution periods each of six months duration and two corresponding benefit
periods. Cash benefits under the scheme are generally linked with contribution paid.

Contribution period 1st April to 30th September, its corresponding Cash Benefit period is 1st
January to 30th June of the following year.

Contribution period 1st October to 31st March, its corresponding Cash Benefit period is 1st July to
31st December of the following year.

Certification of Return of Contribution by Auditor

Regulation 26 of Employees State Insurance (General) Regulations, 1950 was amended by
Notification No.N12/13/1/2008P&D to include certain details to be mentioned in the Return of
Contribution to be submitted by employers. The salient features of amendments made in the
Returns of Contribution are as under:

1. Selfdeclaration by Employers regarding maintenance of records and registers, submission of
Declaration Forms, employees engaged directly or through immediate employers and wages
paid to the workers.
2. All the Employers employing 40 and more employees shall have to append a certificate duty
certified by a Chartered Accountant, in the revised format of Returns of Contribution.
3. The Employers employing less than 40 employees will have to provide self certification

without any certification from the Chartered Accountants in Return of Contribution.

The Chartered Accountant should certify that he has verified the return from the records and
registers of the company.
45
This notification has come into force with effect from 01042008.


Benefits under the Scheme

Employees covered under the scheme are entitled to medical facilities for self and dependants. They
are also entitled to cash benefits in the event of specified contingencies resulting in loss of wages or
earning capacity. The insured women are entitled to maternity benefit for confinement. Where
death of an insured employee occurs due to employment injury or occupational disease, the
dependants are entitled to family pension. Various benefits that the insured employees and their
dependants are entitled to, the duration of benefits and contributory conditions thereof are as
under:

Medical benefits

o From day one of entering insurable employment for self and dependants such as
spouse, parents and children own or adopted.
o For self and spouse on superannuation subject to having completed five years in
insurable employment on superannuation or in case of having suffered permanent
physical disablement during the course of insurable employment.
Sickness benefits

o Sickness benefit is payable to an insured person in cash, in the event of sickness
resulting in absence from work and duly certified by an authorised insurable medical
officer/ practitioner.
o The benefit becomes admissible only after an insured has paid contribution for at
least 78 days in a contribution period of 6 months.
o Sickness benefit is payable for a maximum of 91 days in two consecutive
contribution period.
Extended sickness benefit

o Extended sickness benefit is payable to insured persons for the period of certified
sickness in case of specified 34 longterm diseases that need prolonged treatment
and absence from work on medical advice.
o For entitlement to this benefit an insured person should have been in insurable
employment for at least 2 years. He/ she should also have paid contribution for a
minimum of 156 days in the preceding 4 contribution periods or say 2 years.
o ESI is payable for a maximum period of 2 years on the basis of proper medical
certification and authentication by the designated authority.
46

o Amount payable in cash as extended sickness benefit is payable within 7 days
following the submission of complete claim papers at the local office concerned.
Enhanced sickness benefit

o This cash benefit is payable to insured persons in the productive age group for under
going sterilization operation, viz., vasectomy/ tubectomy.
o The contribution is the same as for the normal sickness benefit.

o Enhanced sickness benefit is payable for 14 days for tubectomy and for seven days
in case of vasectomy.
Maternity benefit

o Maternity benefit is payable to insured women in case of confinement or
miscarriage or sickness related thereto.
o For claiming this an insured woman should have paid for at least 70 days in 2
consecutive contribution periods i.e. 1 year.
o The benefit is normally payable for 12 weeks, which can be further extended up to
16 weeks on medical grounds.
o The rate of payment of the benefit is equal to wage or double the standard sickness
benefit rate.
o The benefit is payable within 14 days of duly authenticated claim papers.

Disablement benefit

o Disablement benefit is payable to insured employees suffering from physical
disablement due to employment injury or occupation disease.
Dependants benefit

o Dependants benefit [family pension] is payable to dependants of a deceased insured
person where death occurs due to employment or occupational disease.
o A widow can receive this benefit on a monthly basis for life or till remarriage.

o A son or daughter can receive this benefit till 18 years of age.

o Other dependants like parents including a widowed mother can also receive the
benefit under certain condition.
o The rate of payment is about 70% of the wages shareable among dependants in a
fixed ratio.
o The first installment is payable within a maximum of 3 months following the death
of an insured person and thereafter, on a regular monthly basis.
Other benefits like funeral expenses, vocational rehabilitation, free supply of physical aids
and appliances, preventive health care and medical bonus.
47
Obligations Of Employers


1. The employer should get his factory or establishments registered with the E.S.I. Corporation
within 15 days after the Act becomes applicable to it, and obtain the employers Code
Number.

2. The employer should obtain the declaration form from the employees covered under the Act
and submit the same along with the return of declaration forms, to the E.S.I. office. He
should arrange for the allotment of Insurance Numbers to the employees and their Identity
Cards.

3. The employer should deposit the employees and his own contributions to the E.S.I. Account
in the prescribed manner, whether he has sufficient resources or not, his liability under the
Act cannot be disputed. He cannot justify nonpayment of E.S.I. contribution due to non
availability of finance.

4. The employer should furnish a Return of Contribution along with the challans of monthly
payment, within 30 days of the end of each contribution period.

5. The employer should not reduce the wages of an employee on account of the contribution
payable by him (employer).

6. The employer should cause to be maintained the prescribed records/registers namely the
register of employees, the inspection book and the accident book.

7. The employer should report to the E.S.I. authorities of any accident in the place of
employment, within 24 hours or immediately in case of serious or fatal accidents. He should
make arrangements for first aid and transportation of the employee to the hospital. He
should also furnish to the authorities such further information and particulars of an accident
as may be required.

8. The employer should inform the local office and the nearest E.S.I. dispensary/hospital, in
case of death of any employee, immediately.

9. The employer must not put to work any sick employee and allow him leave, if he has been
issued the prescribed certificate.

10. The employer should not dismiss or discharge any employee during the period he/she is in
receipt of sickness/maternity/temporary disablement benefit, or is under medical
48
treatment, or is absent from work as a result of illness duly certified or due to pregnancy or
confinement.

Records To Be Maintained For Inspection By ESI authorities




1. Attendance Register / Muster Roll

2. Salary / Wage Register / Payroll

3. EC (Employees & Employers Contribution) Statement

4. Employees Register

5. Accident Book

6. Return of Contribution

7. Return of Declaration Forms

8. Receipted Copies of Challans

9. Books of Account viz. Cash/Bank, Expense Register, Sales/Purchase Register, Petty
Cash Book, Ledger, Supporting Bills and Vouchers, Delivery Challans (if any).
10. Form of annual information on company

Employees Insurance Court

Any dispute arising under the ESI Act will be decided by the Employees Insurance Court and not by a
Civil Court. It is constituted by the State Government for such local areas as may be specified and
consists of such number of judges, as the Government may think fit. It shall adjudicate on the
following disputes and claims.

Disputes as to:

i. Whether an employee is covered by the Act or whether he is liable to pay the contribution,
or

ii. The rate of wages or average daily wages of an employee, or

iii. The rate of contribution payable by the employer in respect of any employee, or

iv. The person who is or was the principle employer in respect of any employee, or

v. The right to any benefit and the amount and duration thereof, or

vi. Any direction issued by the Corporation on a review of any payment of dependents benefit,
or
49
Form 01 Employers' Registration Form

Form 01(A) :
Form of Annual Information on
Factory/Establishment
Form 1 Declaration Form
Form 1A Family Declaration Form
Form 1B Changes in Family Declaration Form
Form 3 Return of Declaration Forms

vii. Any other matter in respect of any contribution or benefit or other due payable or
recoverable under the Act.

Claims as to

i. Recovery of contributions from the principal employer,

ii. Recovery of contributions from a contractor,

iii. Recovery for short payment or nonpayment of any contribution under section 68,

iv. Recovery of the value or amount of benefits received improperly under section 70,

v. Recovery of any benefit admissible under the Act

No dispute shall be admitted unless the employer deposits with the Court 50% of the amount due
from him as claimed by the Corporation.

An appeal will lie to the High Court within 60 days against an order of the Employees Insurance Court
if it involves a substantial question of law.






Important Forms to be submitted under the Act







:






:

:

:

:
50
Form 4 Identity Card
Form 4(A) Family Identity Card
Form 5 Return of Contributions
Form 6 Register of employees
Form 8 Special Intermediate Certificate

Form 10
Abstention verification in r/o Sickness
Benefit/Temporary Disablement Benefit/MB
Form 12 Sickness of Temporary Disablement Benefit
Form 12A Maternity Benefit for Sickness

Form 13
Sickness or Temporary disablement or maternity
benefit for sickness
Form 13A Maternity benefit for sickness

Form 14
Sickness or temporary disablement or maternity
benefit for sickness
Form 14A Maternity Benefit for Sickness
Form 16 Accident report from employer
Form 17 Dependant's or funeral benefit (Death Certificate)
Form 18 Dependant's Benefit (Claim Form)
Form 18A Dependant's Benefit (Claim for periodical payments)
Form 19 Maternity Benefit (Notice of Pregnancy)
Form 20 Maternity Benefit (Certificate of Pregnancy)

Form 21
Maternity Benefit (Certificate of expected
confinement)


:
51

Form 22 Claim for Maternity Benefit

Form 23
Maternity Benefit (Certificate of confinement or
miscarriage)
Form 24 Maternity Benefit (Notice of work)
Form 25 Claim for Permanent Disablement Benefit
Form 26 Certificate for permanent disablement benefit
Form 27 Declaration and certificate for dependants benefit





4c. EMPLOYEES PROVIDENT FUND AND MISC. PROVISIONS ACT, 1952

An Act to provide for the institution of provident funds, pension funds and deposit linked insurance
fund for the employees in the factories and other establishments. The Act extends to the whole of
India except the State of Jammu and Kashmir.

Applicability


Y All factories and establishments in which 20 or more are employed


Schemes under the Act


Three beneficial schemes


1. Employees Provident Fund Scheme 1952


2. Employees Pension Scheme 1995


3. Employees Deposit Linked Insurance 1976


Membership


Y An employee at the time of joining the employment and getting wages up to Rs.6500/ is
required to become a member.
52
Y An employee is eligible for membership of fund from the very first date of joining a covered
establishment.

Contribution to EPF

Y Employees share : 12% of the Basic + DA


Y Employers contribution : 12% to be deposited as :


8.33% to be deposited in Pension Fund A/C No 10 and


the balance, ie, 3.67% to be deposited in Provident Fund A/C No 01 along with
Employees share of 12%

Y Administration charges


Y @ 1.1% of the total wages/salary disbursed by deposit to A/C No 02,


Y Employees Deposit Linked Insurance @ 0.5% of the total wages/salary by deposit to A/C No. 21
and

Y Administration of EDLI @ 0.01% of the wages/ salary by deposit to A/C. No. 22.




Duties of employer

Y Employer to furnish information about:


(a) Ownership and names of responsible persons of the establishment.


(b) Declaration and nomination.


(c) Joining and leaving of service by the members in form 5 and form 10 respectively


(d) Form 12A with monthly challans of deposit.


(e) Form 9 for details of employees.


(f) Form 3A/6A at the end of the financial year.


(g) Any other information as may be required under Para 76 of the scheme
53
Benefits to employees

Y Provident Fund Benefits


Y Pension Benefits


Y Death Benefits




Provident Fund Benefits


o Employer also contributes to Members PF @ 3.67% (1.67% in case of sick industry

eg: beedi)


o EPFO guarantees the Employer contribution and Govt. gives a decent interest to PF
accumulations

o Member can withdraw from this accumulations to cater financial exigencies in life

No need to refund unless misused


Y On resignation, the member can settle the account. i.e., the member gets his PF
contribution, Employer Contribution and Interest




Pension Benefits

Y Pension to Member


Y Pension to Family (on death of member)


Y Scheme Certificate


o This Certificate shows the service & family details of a member


o This is issued if the member has not attained the age of 58 while leaving an
establishment and he applies for this certificate

o Member can surrender this certificate while joining another establishment
and the service stated in the certificate is added with the service he is
gaining from the new establishment.
54

o After attaining the age of 50 or above, the member can apply for Pension by
surrendering this scheme certificate (if total service is at least 10 years)

o This is a better choice than Withdrawal Benefit, that if a member dies
holding a valid scheme certificate, his family will get pension (Death when
NOT in service)

o Withdrawal Benefit


o if not eligible for pension, member may withdraw the amount accumulated
in his pension account

o the calculation of this amount is based only on (i) Last average salary and (ii)
Service (Not based on actual amount available in Pension Fund Account)

o No amount is taken from Member to give Pension to the Member. Employer
and Govt. contribute to Pension fund @8.33% and @1.16% respectively

o EPFO guarantees pension to members, even if the Employer has not
contributed to Pension Fund.

o Pension calculation is similar to that of Govt. Employee




Death Benefits


o Provident Fund Amount to Family (or to Nominee)


o Pension to Family (or to Parent / Nominee)


o Capital Return of Pension


o Insurance (EDLI) amount to Family (or to Nominee)


No amount is taken from Member for this facility. Employer contributes for
this.

o Nominee is basically determined as per the information submitted by the member
at this office through FORM2
55





4d. THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959


The main purpose of the Act is to provide for the compulsory notification of vacancies to
employment exchanges. The employer is required on a compulsory basis, to notify to the
Employment Exchanges all vacancies other than vacancies in unskilled categories, temporary
vacancies and vacancies proposed to be filled through promotion and tender to the Employment
Exchanges, return relating to the staff strengths at regular intervals.

The Act extends to the whole of India.


Scheme of the Act


There are only 10 Sections in the Act.


Application of the Act


The Act covers the employers in establishments both in public and private sectors. The Act is
applicable to establishments which are engaged in nonagricultural activities and employing 25 or
more workers. The enforcement of the Act is the responsibility of States and Union Territories. Most
of the States/Union Territories have set up special enforcement machinery for this purpose.

Act not to apply in relation to certain vacancies


The Act shall apply to the following category of vacancies:


1) In any employment in agriculture (including horticulture) in establishment in private sector
other than employment as agricultural or farm machinery operatives;
2) In any employment in domestic service;

3) In any employment the total duration of which is less than 3 months;

4) In any employment which requires unskilled office work;

5) In any employment related to the staff of Parliament.


In addition, the Act shall not apply to the following vacancies unless the Central Government
otherwise directs through notification in its Official Gazette:
56
1) Vacancies which are proposed to be filled through promotion

2) Vacancies which are proposed to filled through absorption of surplus staff of any branch or
department of the same establishment
3) Vacancies which are proposed to be filled through the result of any examination conducted
or interview held by, or on recommendation of, any independent agency such as Union or
State Public Service Commission and the like.
4) Vacancies in an employment which carries a remuneration of less than sixty rupees in a
month. (Section 3).

Notification of vacancies to Employment Exchanges


Section 4 of the Act provides for notification of vacancies to employment exchange. The employer in
every establishment in public sector is required to notify any vacancy before filling it up, to the
prescribed employment exchanges.

The Section further requires an employer in every establishment tin private sector or every
establishment pertaining to any class or category of establishments in private sector to notify to the
prescribed employment exchanges from such date as may be specified in the notification issued by
the appropriate Government in the Official Gazette.

Section 4(3) provides that the manner of notification of vacancies and the particulars of
employments having such vacancies should be such as may be prescribed.

Section 4(4) says that the employers obligation is only to notify the vacancy to the employment
exchange. The Act does not impose any obligation on an employer to recruit any person through
employment exchange to fill the vacancy merely because the vacancy has been notified as required
by this Act.

Employment Exchanges to which vacancies are to be notified


Rule 3 of The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1960, says that
the vacancies are to be notified either to the Central Employment Exchange or Local Employment
Exchange, as the case may be.

The Central Employment Exchange means the Employment Exchange established by the
Government of India, Ministry of Labour and Employment and to which the following vacancies shall
be notified:
57
Y Vacancies in posts of a technical and scientific nature carrying a basic pay of Rs. 1,400 or
more per month occurring in establishments in respect of which the Central Government is
the appropriate Government under the Acct; and
Y Vacancies which an employer may desire to be circulated to the employment exchanges
outside the State or Union Territory to which the establishment is situated.

The Local Employment Exchange means the employment exchange (the Central Employment
Exchange) notified in the Official Gazette by the State Government or the Administration or Union
Territory as having jurisdiction over the area in which the establishment concerned is situated or
over specified classes or categories of establishments of vacancies.

Vacancies of all types other than those which are required to be notified to Central Employment
Exchange, shall be notified to these local employment exchanges.

Furnishing of Information or Returns


Section 5 requires an employer in every establishment in public sector to furnish, such information
or return as may be prescribed in relation to vacancies that have occurred or are about to occur in
the establishment to such employment exchanges as may be prescribed. In the case of private sector
or every establishment pertaining to any class or category of establishments in private sector, the
appropriate Government, by notification in the Official Gazette, may require that from such date as
may be prescribed in relation to vacancies that have occurred or are about to occur in that
establishment to such employment exchanges as may be prescribed and the employer shall
thereupon, comply with such requisition.

The above return shall be furnished to the Director or other authorized officer of the Directorate
administering employment exchanges in a State or Union Territory.

Right of Access to Records or Documents


Such officer of the Government as may be prescribed in this behalf, or nay person authorized by him
in writing, shall have access to any relevant record or document in the possession of any employer
required to furnish any information or returns under Section 5 of this Act. Such officer is also
empowered to enter at any reasonable time, any premises where he believes that such record or
document to be and inspect and take copies of relevant records or documents or ask any question
necessary for obtaining information required under that Section (Section 6).
58
Penalties (Section 7)


(1) If any employer fails to notify to the employment exchanges prescribed for the purpose any
vacancy in contravention of subSection (1) or subSection (2) of Section 4, he shall be punishable for
the first offence with fine which may extend to five hundred rupees and for every subsequent
offence with fine which may extend to one thousand rupees.

(2) If any person (a) required to furnish any information or return (i) refuses or neglects to furnish
such information or return, or

(ii) furnishes or causes to be furnished any information or return which he knows to be false, or


(iii) refuses to answer, or gives a false answer to, any question necessary for obtaining any
information required to be furnished under Section 5; or

(b) impedes the right of access to relevant records or documents or the right of entry conferred by
Section 6, he shall be punishable for the first offence with fine which may extend to two hundred
and fifty rupees and for every subsequent offence with fine which may extend to five hundred
rupees.

Cognizance of Offences No prosecution for an offence under this Act shall be instituted except by,
or with the sanction of, such officer of Government as may be prescribed in this behalf or any person
authorised by that officer in writing (Section 8).




Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie
against any person for anything which is in good faith done or intended to be done under this Act
(Section 9).




4e. THE FACTORIES ACT, 1948


Objective of the Act


To ensure adequate safety measures and to promote the health and welfare of the workers
employed in factories.
59
To prevent haphazard growth of factories through the provisions related to the approval of
plans before the creation of a factory.

Applicability of the Act


./ Applicable to the whole of India including Jammu & Kashmir.


./ Covers all manufacturing processes and establishments falling within the definition of
factory.

./ Applicable to all factories using power and employing 10 or more workers, and if not using
power, employing 20 or more workers on any day of the preceding 12 months.




Scheme of the Act


The Act consists of 120 Sections and 3 Schedules.


Schedule 1 contains list of industries involving hazardous processes


Schedule 2 is about permissible level of certain chemical substances in work environment.
Schedule 3 consists of list of notifiable diseases.



Important provisions the Act


Facilities and Conveniences The factory should be kept clean. [Section 11]. There should be
arrangement to dispose of wastes and effluents. [Section 12]. Ventilation should be adequate.
Reasonable temperature for comfort of employees should be maintained. [Section 13]. Dust and
fumes should be controlled below permissible limits. [Section 14]. Artificial humidification should be
at prescribed standard level. [Section 15]. Overcrowding should be avoided. [Section 16]. Adequate
lighting, drinking water, latrines, urinals and spittoons should be provided. [Sections 17 to 19].
Adequate spittoons should be provided. [Section 20].

Welfare Adequate facilities for washing, sitting, storing clothes when not worn during working
hours. [Section 42]. If a worker has to work in standing position, sitting arrangement to take short
rests should be provided. [Section 44]. Adequate First aid boxes should be provided and maintained
[Section 45].
60
Facilities in case of large factories Following facilities are required to be provided by large factories

Ambulance room if 500 or more workers are employed; Canteen if 250 or more workers are
employed. It should be sufficiently lighted and ventilated and suitably located. [Section 46]. Rest
rooms / shelters with drinking water when 150 or more workmen are employed [Section 47];
Crches if 30 or more women workers are employed. [Section 48]; Full time Welfare Officer if
factory employs 500 or more workers [Section 49]; Safety Officer if 1,000 or more workmen are
employed.

Safety All machinery should be properly fenced to protect workers when machinery is in motion.
[Section 21 to 27]. Hoists and lifts should be in good condition and tested periodically. [Section 28
and 29]. Pressure plants should be checked as per rules. [Section 31]. Floor, stairs and means of
access should be of sound construction and free form obstructions. [Section 32]. Safety appliances
for eyes, dangerous dusts, gas, and fumes should be provided. [Sections 35 and 36]. Worker is also
under obligation to use the safety appliances. He should not misuse any appliance, convenience or
other things provided. [Section 111]. In case of hazardous substances, additional safety measures
have been prescribed. [Sections 41A to 41H]. Adequate firefighting equipment should be available.
[Section 38]. Safety Officer should be appointed if number of workers in factory are 1,000 or more.
[Section 40B].

Working Hours A worker cannot be employed for more than 48 hours in a week. [Section 51].
Weekly holiday is compulsory. If he is asked to work on weekly holiday, he should have full holiday
on one of three days immediately or after the normal day of holiday. [Section 52(1)]. He cannot be
employed for more than 9 hours in a day. [Section 54]. At least half an hour rest should be provided
after 5 hours. [Section 55]. Total period of work inclusive of rest interval cannot be more than 10.5
hours. [Section 56]. A worker should be given a weekly holiday. Overlapping of shifts is not
permitted. [Section 58]. Notice of period of work should be displayed. [Section 61].

Overtime Wages If a worker works beyond 9 hours a day or 48 hours a week, overtime wages are
double the rate of wages are payable. [Section 59(1)]. A workman cannot work in two factories.
There is restriction on double employment. [Section 60]. However, overtime wages are not payable
when the worker is on tour. Total working hours including overtime should not exceed 60 in a week
and total overtime hours in a quarter should not exceed 50. Register of overtime should be
maintained. An employee working outside the factory premises like field workers etc. on tour
outside headquarters are not entitled to overtime. R Ananthan v. Avery India 1972(42) FJR 304
(Mad HC) * Director of Stores v. P S Dube 1978 Lab IC 390 = 52 FJR 299 = 1978 I LLN 464 = 36 FLR
420.
61
Employment of Women A woman worker cannot be employed beyond the hours 6 a.m. to 7.00
pm. State Government can grant exemption to any factory or group or class of factories, but no
woman can be permitted to work during 10 PM to 5 AM. Shift change can be only after weekly or
other holiday and not in between. [Section 66].

Night Shift for women:


Factories Act has been proposed to be amended to allow night shift for women workers. The
Government has decided to amend Section 66 of the Factories Act, 1948 to allow employment of
women workers between 7.00 pm and 6.00 am. The demand of womens organisations and in tune
with the present economic globalization, the Government has decided to bring in then required
changes in the Act. This flexibility would be available to all manufacturing units including the apparel
sector. This decision has been taken after meetings with the representatives of the employers and
the trade unions. The proposed Bill will empower the State Governments for allowing the necessary
flexibility in employment of women during night shift in factories.




The proposed amendment would interalia provide that the employer has to ensure occupational
safety and adequate protection to the women workers. However, the State Government or any
person authorised by it would be allowing employment of women during night only after consulting
the workers or their representative organisations and concerned employers or their representatives.
The State Governments are also empowered to frame their own rules for allowing such permissions.

Record of Workmen A register (muster roll) of all workers should be maintained. No worker should
be permitted to work unless his name is in the register. Record of overtime is also required to be
maintained. [Section 62].

Leave A worker is entitled in every calendar year annual leave with wages at the rate of one day for
every 20 days of work performed in the previous calendar year, provided that he had worked for 240
days or more in the previous calendar year. Child worker is entitled to one day per every 15 days.
While calculating 240 days, earned leave, maternity leave upto 12 weeks and lay off days will be
considered, but leave shall not be earned on those days. [Section 79]. Leave can be accumulated
upto 30 days in case of adult and 40 days in case of child. Leave admissible is exclusive of holidays
occurring during or at either end of the leave period. Wage for period must be paid before leave
begins, if leave is for 4 or more days. [Section 81]. Leave cannot be taken for more than three times
in a year. Application for leave should not normally be refused. [These are minimum benefits.
Employer can, of course, give additional or higher benefits].
62
Wages for overtime and Leave Salary Wages for leave encashment and overtime will include
dearness allowance and cash equivalent of any benefit. However, it will not include bonus or
overtime.

Child Employment Child below age of 14 should not be employed. [Section 67]. Child above 14 but
below 15 years of age can be employed only for 4.5 hours per day or during the night. [Section 71].
He should be certified fit by a certifying surgeon. [Section 68]. He cannot be employed during night
between 10 pm to 6 am. [Section 71]. A person over 15 but below 18 years of age is termed as
adolescent. He can be employed as an adult if he has a certificate of fitness for a full day's work
from certifying surgeon. An adolescent is not permitted to work between 7 pm and 6 am. [Section
70]. There are more restrictions on employment of female adolescent. Register of child workers
should be maintained. [Section 73].

Display on Notice Board A notice containing abstract of the Factories Act and the rules made there
under, in English and local language should be displayed. Name and address of Factories Inspector
and the certifying surgeon should also be displayed on notice board. [Section 108(1)].

Notice of Accidents, Diseases Etc. Notice of any accident causing disablement of more than 48
hours, dangerous occurrences and any worker contacting occupational disease should be informed
to Factories Inspector. [Section 88]. Notice of dangerous occurrences and specified diseases should
be given. [Sections 88A and 89].

Obligation regarding Hazardous Processes / Substances Information about hazardous substances /
processes should be given. Workers and general public in vicinity should be informed about dangers
and health hazards. Safety measures and emergency plan should be ready. Safety Committee should
be appointed.




List of Industries Involving Hazardous Processes THE FIRST SCHEDULE


1. Ferrous metallurgical Industries


Integrated Iron and Steel


Ferroalloys


Special Steels


2. Nonferrous metallurgical Industries
63
Primary Metallurgical Industries, namely, zinc, lead, copper manganese and aluminium


3. Foundries (ferrous and nonferrous)


Castings and forgings including cleaning or smoothing/roughening by sand and shot blasting.


4. Coal (including coke) industries. Coal, Lignite, Coke, etc.


Fuel Gases (including Coal gas, Producer gas, Water gas)


5. Power Generating Industries


6. Pulp and paper (including paper products) industries


7. Fertiliser Industries


Nitrogenous


Phosphatic


Mixed


8. Cement Industries


Portland Cement (including slag cement, puzzolona cement and their products)


9. Petroleum Industries


Oil Refining


Lubricating Oils and Greases


10. Petrochemical Industries


11. Drugs and Pharmaceutical Industries


Narcotics, Drugs and Pharmaceuticals


12. Fermentation Industries (Distilleries and Breweries)


13. Rubber (Synthetic) Industries


14. Paints and Pigment Industries


15. Leather Tanning Industries
64
16. Electroplating Industries


17. Chemical Industries


Coke Oven byproducts and Coaltar Distillation Products


Industrial Gases (nitrogen, oxygen, acetylene, argon, carbondioxide, hydrogen, sulphurdioxide,
nitrous oxide, halogenated hydrocarbon, ozone etc.)

Industrial Carbon


Alkalies and Acids


Chromates and dichromates


Leads and its compounds


Electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and
peroxides)

Electrothermal produces (artificial abrasive, calcium carbide)


Nitrogenous compounds (cyanides, cyanamides and other nitrogenous compounds)


Phosphorous and its compounds


Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine)


Explosives (including industrial explosives and detonators and fuses)


18. Insecticides, Fungicides, herbicides and other Pesticides Industries


19. Synthetic Resin and Plastics


20. Manmade Fibre (Cellulosic and noncellulosic) Industry


21. Manufacture and repair of electrical accumulators


22. Glass and Ceramics


23. Grinding or glazing of metals


24. Manufacture, handling and processing of asbestos and its products


25. Extraction of oils and fats from vegetable and animal sources
65
26. Manufacture, handling and use of benzene and substances containing benzene


27. Manufacturing processes and operations involving carbon disulphide


28. Dyes and Dyestuff including their intermediates


29. Highly flammable liquids and gases.




PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES IN WORK ENVIRONMENT THE SECOND
SCHEDULE

Sl.

No.

Substance

Permissible limits of exposure



r



e
TimeWeighted
average
concentration
(TWA)



(TWA)
Shortterm
exposure
limits (15
min.)



(STEL)
a A PPm mg/m3 PPm mg/m3
1 2 3 4 5 6
1 Acetaldehyde 100 180 150 270
2 Acetic Acid 10 25 15 37
3 Acetone 750 1780 1000 2375
4 Acrolein 01 0.25 0.3 0.8
5 Acrylonitrileskin (S.C) 2 4.5
6 Aldrinskin 0.25
7 Allyl Chloride 1 3 2 6
66

8 Ammonia 0.25 18 35 27
9 Anilineskin 2 10

10
Anisidine (O.P.isomers)
skin

0.1

0.5





11
Arsenic & Soluble
compounds (as As)



0.2




12 Benzene (S.C) 10 30

13
Beryllium & Compounds
(as Be) (S.C)



0.002




14 Boron trifluoride C 1 3
15 Bromine 0.1 0.7 0.3 2
16 Butane 800 1900

17
2Butanone (Methyle
ethyle Ketone MEK)

200

590

300

885
18 NButyl acetate 150 710 200 950
19 NButyl alcoholskinC 50 150
20 Sce/tert, Butyl acetate 200 950
21 Butyl Mercaptan 0.5 1.5

22
Cadmiumdust and salts
(as Cd)



0.05




23 Calcium oxide 2
24 Carbaryl (Sevin) 5
67

25 Carbofuran (Furadan) 0.1
26 Carbon disulphideskin 10 30
27 Carbon monoxide 50 55 400 440

28
Carbon tetrachlorideskin
(S.C.)

5

30




29 Chlordaneskin 0.5 2
30 Chlorine 1 3 3 9

31
Chlorobenzene
(monochlorobenzene)

75

350




32 Chloroform (S.C.) 10 50

33
bis(Chloromethyl) ether
(H.C.)

0.001

0.005






34
Chromic acid and
chromates (as Cr) (Water
soluble)





0.05






35 Chromous Salts (as Cr) 0.5
36 Copper fume 0.2
37 Cotton dust, raw 0.2
38 Cresoal, all isomersskin 5 22
39 Cyanides (as Cn)skin 5
40 Cyanogen 10 20
41

DDT (Dichlorodiphenyl
1
68

Trichloroethane)
42 Demetonskin 0.01 0.1
43 Diazinonskin 0.1
44 Dibutyl Phythalate 5
45 Dichlorous (DDVP)skin 1
46 Dieldrinskin 0.25

47
Dinitrobenzene (all
isomers)skin

0.15

1




48 Dinitrotolueneskin 1.5
49 Diphenyl (Biphenyl) 0.2 1.5

50
Endosulfan (Thiodan)
skin



0.1




51 Endrinskin 0.1
52 Ethyl acetate 400 1400
53 Ethyl alcohol 1000 1900
54 Ethylamin 10 18
55 Fluorides (as F) 2.5
56 Fluorine 1 2 2 4
57 Formaldehyde (S.C.) 1.0 1.5 2 3
58 Formic Acid 5 9
69

59 Gasoline 300 900 500 1500
60 Hydrazineskin (S.C.) 0.1 0.1
61 Hydrogen ChlorideC 5 7 a a
62 Hydrogen Cyanide skinC 10 10

63
Hydrogen Fluoride (as F)
C

3

2.5




64 Hydrogen Peroxide 1 1.5
65 Hydrogen Sulphide 10 14 15 21
66 IodineC 0.1 1

67
Iron Oxide Fume (F0203)
(as Fe)



5




68 Isoamyl acetate 100 525
69 Isoamyl alcohol 100 360 125 450
70 Isobutyl alcohol 50 150

71
Lead, inorg, dusts, dusts
and fumes (as Pb)



0.15




72 Lindaneskin 0.5
73 Malathionskin 10

74
Manganese dust and
compounds (as (Mn)C



5





75
Manganese Fume
(as Mn)



1



3
70

76 Mercury (as Hg)skin a a a a
a (i) Alkyle compounds 0.01 0.03

a
(ii) All forms except alkyle
vapour



0.05





a
(iii) Aryle and inorganic
compounds



0.1





77
Methyl alcohol
(Methanol)skin

200

260

250

310

78
Methyl cellosolve
(2
methoxyethanol)skin

5

16




79 Methyl isobutyl Ketone 50 205 75 300
80 Methyl Isocyanateskin 0.02 0.05
81 Naphthalene 10 50 15 75
82 Nickel carbonyl (as Ni) 0.05 0.35
83 Nitric acid 2 5 4 10
84 Nitric Oxide 25 30
85 Nitrobenzeneskin 1 5
86 Nitrogen dioxide 3 6 5 10
87 Oil mist mineral 5 10
88 Ozone 0.1 0.2 0.3 0.6
89 Parathionskin 0.1
71

90 Phenolskin 5 19 a a
91 Phorate (Thimet)skin 0.05 0.2

92
Phosgene (Carbonyl
Chloride)

0.1

0.4




93 Phosphine 0.3 0.4 1 1
94 Phosphoric acid 1 3
95 Phosphorus (yellow) 0.1

96
Phosphorus penta
chloride

0.1

1




97 Phosphorus trichloride 0.2 1.5 0.5 3
98 Picric acidskin 0.1 0.3
99 Pyridine 5 15

100
Silans (silicon

tetrahydride)

5

7




101 Sodium hydroxideC 2

102
Styrene, monomer
(phanylethlene)

50

215

100

425
103 Sulphur dioxide 2 5 5 10
104 Sulphur hexafluoride 1000 6000
105 Sulphuric acid 1

106
Tetraethyl lead (as Pb)

Skin



0.1




72

107 Toluene (Toluol) 100 375 150 560
108 OToluidineskin (S.C.) 2 9
109 Tributylphosohate 0.2 2.5
110 Trichloroethylene 50 270 200 1080
111 Uranium natural (as U) 0.2 0.6
112 Vinyl Chloride (H.C.) 5 10
113 Welding fumes 5
114 Xylene (OmPisomers) 100 435 150 655
115 Zinc oxide d a a a
f (i) Fume 5.0 10
d (ii) Dust (Total dust) 10.00

116
Zirconium compounds
(as Zr)



5



10



THE THIRD SCHEDULE LIST OF NOTIFIABLE DISEASES


1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae.


2. Lead tetraethyl poisoning


3. Phosphorus poisoning or its sequelae.


4. Mercury poisoning or its sequelae.


5. Manganese poisoning or its sequelae.


6. Arsenic poisoning or its sequelae.


7. Poisoning by nitrous fumes.
73
8. Carbon disulphide poisoning.


9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives
or its sequelae.

10. Chrome ulceration or its sequelae.


11. Anthrax.


12. Silicosis.


13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series.


14. Pathological manifestations due to


(a) radium or other radioactive substances.


(b) Xrays.


15. Primary epitheliomatous cancer of skin.


16. Toxic anaemia.


17. Toxic jaundice due to poisonous substances.


18. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base.


19. Byssionosis.


20. Asbestosis.


21. Occupational or contract dermatitis caused by direct contract with chemicals and paints. These
are of two types, that is primary irritants and allergic sensitizers.

22. Noise induced hearing loss (exposure to high noise levels).


23. Beriyllium poisoning.


24. Carbon monoxide


25. Coal miners' pnoumoconiosis.


26. Phosgene poisoning.


27. Occupational cancer.
74
28. Isocyanates
poisoning.


29. Toxic
nephirits.




4f. INDUSTRIAL DISPUTES ACT, 1947


Introduction

Prior to the year 1947, industrial disputes were being settled under the provisions of the Trade
Disputes Act, 1929. Experience of the working of the 1929 Act revealed various defects, which
needed to be overcome by a fresh legislation. Accordingly the Industrial Disputes Bill was introduced
in the Legislature. The Bill was referred to the select committee. On the recommendations of the
Select Committee amendments were made in the original Bill.

The Industrial Disputes Act, 1947 came into existence in April 1947. It was enacted to make
provisions for investigation and settlement of industrial disputes and for providing certain
safeguards to the workers. The Act contains 40 sections divided into 7 chapters. Chapter I deals
with the title, definitions, etc. Chapter II contains the various authorities under the Act. These
authorities include Conciliation Officers, Labour Courts and Tribunals. Chapter III contains the
main scheme of the Act such as reference of disputes to Labour Courts and Industrial Tribunals.
Chapter IV lays down the procedure, power and duties of the authorities constituted under the
Act. Chapter V contains provisions to prohibit strikes and lockouts, declaration of strikes and
lockouts as illegal, and provisions relating to layoff and retrenchment and closure. ChapterVI
contains provisions of various penalties under the Act. ChapterVII contains miscellaneous
provisions.

Definition of Industrial Disputes


An industrial dispute may be defined as a conflict or difference of opinion between management
and workers on the terms of employment. It is a disagreement between an employer and
employees' representative; usually a trade union, over pay and other working conditions and can
result in industrial actions. When an industrial dispute occurs, both the parties, that is the
management and the workmen, try to pressurize each other. The management may resort to
lockouts while the workers may resort to strikes, picketing or gheraos.

As per Section 2(k) of Industrial Disputes Act, 1947, an industrial dispute is defined as any dispute or
difference between employees and employers, or between employers and workmen, or between
75
workmen and which is connected with the employment or nonemployment or the terms of
employment or with the conditions of labour, of any person.

Objective of the Act


The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing
machinery and procedure for the investigation and settlement of industrial disputes by negotiations.

The Act also lays down:


(a) The provision for payment of compensation to the Workman on account of closure or lay
off or retrenchment.

(b) The procedure for prior permission of appropriate Government for laying off or
retrenching the workers or closing down industrial establishments
(c) Unfair labour practices on part of an employer or a trade union or workers.




Applicability

The Industrial Disputes Act extends to whole of India and applies to every industrial establishment
carrying on any business, trade, manufacture or distribution of goods and services irrespective of the
number of workmen employed therein.
Every person employed in an establishment for hire or reward including contract labour, apprentices
and part time employees to do any manual, clerical, skilled, unskilled, technical, operational or
supervisory work, is covered by the Act.
This Act though does not apply to persons mainly in managerial or administrative capacity, persons
engaged in a supervisory capacity and drawing > 1600 p.m or executing managerial functions and
persons subject to Army Act, Air Force and Navy Act or those in police service or officer or employee
of a prison.

Important provisions of the Act


Defines industry, industrial dispute, layoff, lockout, retrenchment, trade union, strike,
wages, workman etc.
Provides machinery for investigating and settling disputes through works committees,
conciliation officers, boards of conciliation, courts of enquiry, labour courts, tribunals and
voluntary arbitration.
Reference of dispute for adjudication.
76
Awards of labour courts and tribunals.

Payment of wages to workers pending proceedings in High Courts.

Rights of appeal.

Settlements in outside conciliation.

Notice of change in employment conditions.

Protection of workmen during pendency of proceedings

Strike and lockout procedures.

Layoff compensation.

Retrenchment compensation.

Proceedings for retrenchment.

Compensation to workmen in case of transfer of undertakings.

Closure procedures.

Reopening of closed undertakings.

Unfair labour practices.

Recovery of money due from employer.

Penalties.

Obligations and rights of employees.




When to consult and refer a dispute


When a dispute arises with the workers' union.

When there is a plan to change employment conditions.

When there is a strike.

When there is a lockout.

When there is retrenchment of workmen.

When undertaking is being transferred

On closure of an establishment.

On reopening establishment.






Offences/Penalties under the Act
77

Section Offence Penalty
Sec.25Q LayOff or Retrenchment without prior
permission Contravening the provisions of
Section 25M or 25(N)
Workman entitled to all benefits as if
they had not been laid off. Employer
shall be punishable with
imprisonment upto 1 month and / or
fine upto Rs. 1000.
Sec.25R(1) Illegal Closure: Closing down an undertaking
without complying with the provisions of
Section 25O(1)
Workman entitled to all benefits as if
there had not been any closure.
Employer shall be punishable with
imprisonment upto 6 month and / or
fine upto Rs. 5000.
Sec.25R(2) Contravening an order refusing permission to
close down the undertaking under Section 25
O or a direction given under Section 25P
Workman entitled to all benefits as if
there had not been any closure.
Employer shall be punishable with
imprisonment upto 1 year and / or
fine upto Rs. 5000, with a further fine
of upto 2000 Rs for each day of
contravention after conviction
Sec.25T,
25U
Committing an Unfair Labour Practice. Imprisonment upto 6 months and / or
fine upto Rs. 1000.
Sec.26 (1) Illegal strikes by a workman workman who
commences, continues or otherwise acts in
furtherance, of, a strike which is illegal under
that Act
Imprisonment for 1 month and / or
fine upto Rs. 50.
Sec.26 (2) Illegal lockout employer who commences,
continues, or otherwise acts in furtherance of
a lockout which is illegal under this Act
Imprisonment for 1 month and / or
fine upto Rs. 1000.
Sec.27 Instigation Any person who instigates or
incites others to take part in, or otherwise acts
Imprisonment for 6 month and / or
fine upto Rs. 1000.
78

in furtherance of, a strike or lockout which is
illegal under that Act

Sec.28 Financial Assistance to a Strike Any person
who knowingly expends or applies any money
in direct furtherance or support of any illegal
strike or lockout
Imprisonment for 6 month and / or
fine upto Rs. 1000.
Sec.29 Breach of settlement or award binding under
the act
Imprisonment for 6 month and / or
fine + an additional fine of Rs. 200 per
day if breach continues after
conviction.
Sec.30 Disclosing confidential information in
contravention of the provisions of Section 21
Imprisonment for 6 month and / or
fine Rs. 1000.
Sec.30A Closing down any undertaking without
complying with the provisions of Section 25
FFA
Imprisonment for 6 month and / or
fine Rs. 5000.
Sec.31(1) Contravention of Section 33 Service
conditions remaining unchanged during
pendency of proceedings
Imprisonment for 6 month and / or
fine Rs. 1000.
Sec.31(2) Contravening any other provision where
specific penalty is not provided for.
Fine upto Rs. 100.






Authorities Empowered By This Act


Name of Authority Duties Powers
Central
Government
To determine the extent of
the act and to make rules to
To appoint Conciliation Officers, Boards of
Conciliation, Courts of Inquiry, Labour Courts and
Tribunals, to refer disputes to these bodies, to
79

give effect to the Act make rules, to delegate its powers to other
officers, and to amend the Schedules to the Act
State Government To make rules to give effect
to the Act in the State and to
implement the act in the
State
To appoint Conciliation Officers, Boards of
Conciliation, Courts of Inquiry, Labour Courts and
Tribunals, to refer disputes to these bodies, to
make rules, to delegate its powers to other
officers, and to amend the Schedules to the Act
Conciliation
Officer
Appointed by the
appropriate government to
mediate in and promote the
settlement of industrial
disputes
To enter the premises of any establishment
related to a dispute, enforce the attendance of
any person for examination
Court of Inquiry Constituted by the
appropriate government for
inquiring into any matter
appearing to be connected
with or relevant to an
Industrial Dispute
To enter the premises of any establishment
related to a dispute, enforce the attendance of
any person for examination, compel the
production of documents, appoint one or more
people having special knowledge of the matter
Board of

Conciliation
Appointed by the
appropriate government for
promoting the settlement of
an industrial dispute.
To enter the premises of any establishment
related to a dispute, enforce the attendance of
any person for examination, compel the
production of documents, appoint one or more
people having special knowledge of the matter
Labour Courts Appointed by the
appropriate government for
the adjudication of industrial
disputes relating to any
matter specified in the
Second Schedule and for
performing such other
To enter the premises of any establishment
related to a dispute, enforce the attendance of
any person for examination, compel the
production of documents, appoint one or more
people having special knowledge of the matter
80

functions as may be assigned
to them under this Act.

Tribunals Appointed by the
appropriate government for
the adjudication of Industrial
Disputes relating to matters
specified in IInd or III rd
Schedule.
To enter the premises of any establishment
related to a dispute, enforce the attendance of
any person for examination, compel the
production of documents, appoint one or more
people having special knowledge of the matter
National Tribunals Appointed by the
appropriate government for
the adjudication of Industrial
Disputes of national
importance / affecting
several States.
To enter the premises of any establishment
related to a dispute, enforce the attendance of
any person for examination, compel the
production of documents, appoint one or more
people having special knowledge of the matter






4g. LABOUR LAWS (EXEMPTION FROM FURNISHING RETURNS & MAINTAINING REGISTERS BY
CERTAIN ESTABLISHMENTS) ACT, 1988

Objective

The main objective of the Act is to exempt establishments employing a small number of persons
from furnishing returns and maintaining registers under certain labour laws. This Act relieves the
small companies from following cumbersome paperwork that is required under various labour laws
both at the Central and State level thereby reducing the compliance requirement under various
labour laws.

Applicability


This Act is applicable to small establishments or very small establishments.

An establishment may be an industrial or other establishment or factory or plantation or
newspaper establishment.
81
Small establishment means an establishment in which not less than ten and not more than
nineteen persons are employed or were employed on any day of the preceding twelve
months.
Very small establishment means an establishment in which not more than nine persons are
employed or were employed on any day of the preceding twelve months.
Exemption from returns and registers under certain labour laws:


Small establishments and very small establishments are exempted from submitting returns and
maintaining registers under the following Acts:

1) The Payment of Wages Act, 1936

2) The Weekly Holidays Act, 1942

3) The Minimum Wages Act, 1948

4) The Factories Act, 1948

5) The Plantations Labour Act, 1951

6) The Working Journalists and other Newspaper employees (conditions of service) and
Miscellaneous Provisions Act, 1955
7) The Contract Labour (Regulation and Abolition) Act, 1970

8) The Sales Promotion employees (Conditions of Service) Act, 1976

9) Equal Remuneration Act, 1976

But the employer of small and very small establishments should continue to do the following:


i. Issue wage slips in the Form XI prescribed in the Minimum Wages (Central)
Rules, 1950, made under Secs. 18 and 30 of the Minimum Wages Act, 1948
(11 of 1948)
ii. Issue slips relating to measurement of the amount of work done by piece
rated worker required to be issued under the Payment of Wages (Mines)
Rules, 1956 made under Secs. 13A and 26 of the Payment of Wages Act,
1936 (4 of 1936)
iii. File returns relating to accidents under Secs. 88 and 88A of the Factories
Act, 1948 (63 of 1948), and Secs. 32A and 32B of the Plantations Labour
Act, 1951 (69 of 1951).
Returns and Registers under the Act
82
Instead of maintaining registers and filing returns under the above mentioned 9 legislations, the
employer of small and very small establishments should do the following:

Submit Core returns in Form A for the year ending 31
st
December.

o This return should be submitted on or before the 15
th
February of the succeeding
year by small establishments and very small establishments. This return should
contain the details of the establishment / employer / principal employer / contractor
and the nature of operation / industry /work carried on.
Maintain register in Form B.

o This is the register of wages required to be maintained by small establishments. It
should be maintained within seven days of the expiry of the wage period.
Maintain register in Form C.

o This is the muster roll to be maintained by small establishments.

Maintain register in Form D.

o This is the monthly register showing welfare amenities to be maintained by small
establishments. It should be completed within seven days of the expiry of each
calendar month.
Maintain register in Form E.

o This is the monthly register of muster rollcumwages required to be maintained by
very small establishments.
Penalty


An employer who fails to comply with the provisions of the Act will be liable to payment of fine that
may extend to Rupees five thousand in case of first conviction and in case of second or subsequent
conviction, the employer will be liable to imprisonment for a period not less than one month but
may extend to six months or with fine not less than Rupees ten thousand rupees but may extend to
Rupees twenty thousand, or with both.

Other related information


Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain
Establishments) Amendment Bill, 2007 This Bill aims at amending the 1988 Act by exempting
establishments employing up to 40 workers. The basket of labour laws for which companies can
uniformly comply is likely to be raised from nine to sixteen.
83
The Kerala Labour Laws (Simplification Of Returns And Registers Of Small Establishments) Bill, 2002
This Bill provides for simplification of forms of returns to be furnished and registers to be maintained
by employers under certain labour laws in relation to establishments employing up to 50 employees.

4h. THE PAYMENT OF BONUS ACT, 1965:


The payment of Bonus Act provides for payment of bonus to persons employed in certain
establishments of the basis of profits or on the basis of production or productivity and for matters
connected therewith.

It extends to the whole of India and is applicable to every factory and to every other establishment
where 20 or more workmen are employed on any day during an accounting year.





Eligibility for Bonus


Every employee receiving salary or wages upto Rs. 10,000 p.m. and engaged in any kind of work
whether skilled, unskilled, managerial, supervisory etc. is entitled to bonus for every accounting year
if he has worked for at least 30 working days in that year.

Where an employee has not worked for all the working days in an accounting year, the minimum
bonus of one hundred rupees or, as the case may be, of sixty rupees, if such bonus is higher than
8.33 per cent, of his salary or wage for the days he has worked in that accounting year, shall be

proportionately reduced.


However employees of L.I.C., Universities and Educational institutions, Hospitals, Chamber of
Commerce, R.B.I., IFCI, U.T.I., IDBI, NABARD, SIDBI, Social Welfare institutions are not entitled to
bonus under this Act.

Calculation for Working Days in An Accounting Year


An employee shall be deemed to have worked in an establishment in any accounting year also on
the days on which

(a) he has been laid off under an agreement or as permitted by standing orders under the
Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial
Disputes Act, 1947 (14 of 1947), or under any other law applicable to the establishment;
84
(b) he has been on leave with salary or wage;


(c) he has been absent due to temporary disablement caused by accident arising out of and
in the course of his employment; and

(d) the employee has been on maternity leave with salary or wage, during the accounting
year.

Disqualification for Bonus


Notwithstanding anything contained in the act, an employee shall be disqualified from receiving
bonus, if he is dismissed from service for fraud or riotous or violent behaviour while in the premises
of the establishment or theft, misappropriation or sabotage of any property of the establishment.

Minimum and Maximum Bonus Payable
Minimum Bonus
The minimum bonus which an employer is required to pay even if he suffers losses during
the accounting year or there is no allocable surplus is 8.33 % of the salary or wages during
the accounting year, or

Rs. 100 in case of employees above 15 years and Rs 60 in case of employees below 15 years,
at the beginning of the accounting year, whichever is higher

Maximum Bonus


If in an accounting year, the allocable surplus, calculated after taking into account the amount set
on or the amount set of exceeds the minimum bonus, the employer should pay bonus in
proportion to the salary or wages earned by the employee in that accounting year subject to a
maximum of 20% of such salary or wages.

Time Limit for Payment


The bonus should be paid in cash within 8 months from the close of the accounting year or within
one month from the date of enforcement of the award or coming into operation of a settlement
following an industrial dispute regarding payment of bonus.

However if there is sufficient cause extension may be applied for.
85
Calculation of Bonus


The method for calculation of annual bonus is as follow:


1. Calculate the gross profit in the manner specified in

a. First Schedule, in case of a banking company, or

b. Second Schedule, in any other case.

2. Calculate the Available Surplus.


Available Surplus = A+B, where A = Gross Profit Depreciation admissible u/s 32 of the
Income tax Act Development allowance Direct taxes payable for the accounting year
(calculated as per Sec.7) Sums specified in the Third Schedule.

B = Direct Taxes (calculated as per Sec. 7) in respect of gross profits for the immediately
preceding accounting year Direct Taxes in respect of such gross profits as reduced by the
amount of bonus, for the immediately preceding accounting year.

3. Calculate Allocable Surplus


Allocable Surplus = 60% of Available Surplus, 67% in case of foreign companies.


4. Make adjustment for Seton and Setoff. For calculating the amount of bonus in respect of
an accounting year, allocable surplus is computed after considering the amount of set on
and set off from the previous years, as illustrated in Fourth Schedule.

5. The allocable surplus so computed is distributed amongst the employees in proportion to
salary or wages received by them during the relevant accounting year.

In case of an employee receiving salary or wages above Rs. 3,500 the bonus payable is to be
calculated as if the salary or wages were Rs. 3,500 p.m. only.

Duties / Rights of Employer
Duties
To calculate and pay the annual bonus as required under the Act
86
To submit an annul return of bonus paid to employees during the year, in Form D, to the
Inspector, within 30 days of the expiry of the time limit specified for payment of bonus.

To cooperate with the Inspector, produce before him the registers/records maintained, and
such other information as may be required by them.

To get his account audited as per the directions of a Labour Court/Tribunal or of any such
other authority.





Rights


An employer has the following rights:


Right to forfeit bonus of an employee, who has been dismissed from service for fraud,
riotous or violent behaviour, or theft, misappropriation or sabotage of any property of the
establishment.

Right to make permissible deductions from the bonus payable to an employee, such as,
festival/interim bonus paid and financial loss caused by misconduct of the employee.

Right to refer any disputes relating to application or interpretation of any provision of the
Act, to the Labour Court or Labour Tribunal.

Rights of Employees


Right to claim bonus payable under the Act and to make an application to the Government,
for the recovery of bonus due and unpaid, within one year of its becoming due.

Right to refer any dispute to the Labour Court/Tribunal Employees, to whom the Payment of
Bonus Act does not apply, cannot raise a dispute regarding bonus under the Industrial
Disputes Act.

Right to seek clarification and obtain information, on any item in the accounts of the
establishment.

Recovery of Bonus Due
87
Where any bonus is due to an employee by way of bonus, employee or any other person
authorised by him can make an application to the appropriate government for recovery of
the money due.

If the government is satisfied that money is due to an employee by way of bonus, it shall
issue a certificate for that amount to the collector who then recovers the money.

Such application shall be made within one year from the date on which the money became
due to the employee.

However the application may be entertained after a year if the applicant shows that there
was sufficient cause for not making the application within time.

Offences and Penalties


For contravention of the provisions of the Act or rules the penalty is imprisonment upto 6 months or
fine up to Rs.1000, or both.

For failure to comply with the directions or requisitions made the penalty is imprisonment upto 6
months or fine up to Rs.1000, or both.

In case of offences by companies, firms, body corporate or association of individuals, its director,
partner or a principal officer responsible for the conduct of its business, as the case may be, shall be
deemed to be guilty of that offence and punished accordingly, unless the person concerned proves
that the offence was committed without his knowledge or that he exercised all due diligence.

4i. Payment of Gratuity Act, 1972
Applicability of the Act
The Act provides for a scheme for the payment of gratuity to employees engaged in factories, mines,
oilfields, plantations, ports, railway companies, shops or other establishments. The Act enforces the
payment of 'gratuity', a reward for long service, as a statutory retiral benefit. Every employee
irrespective of his wages is entitled to receive gratuity if he has rendered continuous service of 5
years or more than 5 years.

It is not paid to an employee gratuitously or merely as a matter of boon. It is paid for the service
rendered by him to the employer (Delhi Cloth and General Mills Co; Ltd Vs the Workmen).
88
Gratuity is payable to an employee on termination of his employment after he has rendered
continuous service for not less than five years:

Y on his superannuation


Y on his resignation


Y on his death or disablement due to employment injury or disease




The Working Journalists and Other Newspaper Employees (Conditions of service) and Miscellaneous
Provisions Act, 1955, provides for payment of gratuity. As such, three years of continuous service is
required for eligibility for Gratuity.

The payment of gratuity shall be forfeited:


Y to the extent of the damage or loss caused by the employee to the property of the employer


Y where the service of the employee is terminated due to misconduct


According to Sec.2(e) "employee" means any person (other than an apprentice) employed on wages,
in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any
skilled, semiskilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms
of such employment are express or implied,[and whether or not such person is employed in a
managerial or administrative capacity, but does not include any such person who holds a post under
the Central Government or a State Government and is governed by any other Act or by any rules
providing for payment of gratuity].

According to Sec.2A (1) an employee shall be said to be in continuous service for a period if he has,
for that period, been in uninterrupted service, including service which may be interrupted on
account of sickness, accident, leave, absence from duty without leave (not being absence in respect
of which an order treating the absence as break in service has been passed in accordance with the
standing order, rules or regulations governing the employees of the establishment), lay off, strike or
a lockout or cessation of work not due to any fault of the employee, whether such uninterrupted or
interrupted service was rendered before or after the commencement of the Act. (2) where an
employee (not being an employee employed in a seasonal establishment) is not in continuous
service within the meaning of clause (1), for any period of one year or six months, he shall be
deemed to be in continuous service under the employer
89
(a) for the said period of one year, if the employee during the period of twelve calendar months
preceding the date with reference to which calculation is to be made, has actually worked under the
employer for not less than

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine
or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;


(b) for the said period of six months, if the employee during the period of six calendar months
preceding the date with reference to which the calculation is to be made, has actually worked under
the employer for not less than

(i) ninetyfive days, in the case of an employee employed below the ground in a mine or in an
establishment which works for less than six days in a week; and

(ii) one hundred and twenty days, in any other
case;


Explanation: For the purpose of clause (2), the number of days on which an employee has actually
worked under an employer shall include the days on which

(i) he has been laidoff under an agreement or as permitted by standing orders made under the
Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), or under the Industrial Disputes
Act, 1947 (14 of 1947), or under any other law applicab1c to the establishment;

(ii) he has been on leave with full wages, earned in the previous year;


(iii) he has been absent due to temporary disablement caused by accident arising out of and in the
course of his employment and

(iv) in the case of a female, she has been on maternity leave; so, however, that the total period of
such maternity leave does not exceed twelve weeks.

(3) where an employee employed in a seasonal establishment, is not in continuous service within the
meaning of clause (1), for any period of one year or six months, he shall be deemed to be in
continuous service under the employer for such period if he has actually worked for not less than
seventyfive per cent of the number of days on which the establishment was in operation during
such period.
90
Rate of gratuity


For every completed year of service or part thereof in excess of six months, the employer shall pay
gratuity to an employee at the rate of fifteen days wages based on the rate of wages last drawn by
the employee concerned.

In the case of a piecerated employee, daily wages shall be computed on the average of the total
wages received by him for a period of three months immediately preceding the termination of his
employment, and, for this purpose, the wages paid for any overtime work shall not be taken into
account.

In the case of an employee who is employed in a seasonal establishment and who is not so
employed throughout the year, the employer shall pay the gratuity at the rate of seven days wages
for each season.

In the case of a monthly rated employee, the fifteen days wages shall be calculated by dividing the
monthly rate of wages last drawn by him by twentysix and multiplying the quotient by fifteen.

The amount of gratuity payable to an employee shall not exceed three lakhs and fifty thousand
rupees.

Responsibility of the Employer:


Every employer, other than an employer or an establishment belonging to, or under the control of,
the Central Government or a State Government, shall, subject to the provisions of subsection (2),
obtain an insurance in the manner prescribed, for his liability for payment towards the gratuity
under this Act, from the Life Insurance Corporation of India established under the Life Insurance
Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer:

The appropriate Government may, subject to such conditions as may be prescribed, exempt every
employer who had already established an approved gratuity fund in respect of his employees and
who desires to continue such arrangement and every employer employing five hundred or more
persons who establishes an approved gratuity fund in the manner prescribed.

Where an employer fails to make any payment by way of premium to the insurance or by way of
'contribution to all approved gratuity fund, he shall be liable to pay the amount of gratuity due
91
under this Act (including interest, if any, for delayed payments) forthwith to the controlling
authority.

Whoever contravenes the provision above shall be punishable with fine which may extend to Rs
10,000/ and in the case of a continuing offence with a further fine which may extend to Rs 1000/
for each day during which the offence continues.

4j. THE WORKMEN'S COMPENSATION ACT, 1923


The Workmens Compensation Act, aims to provide workmen and/or their dependents some relief in
case of accidents arising out of and in the course of employment and causing either death or
disablement of workmen.

It provides for payment by certain classes of employers to their workmen compensation for injury by
accident.

Act does not apply where workman covered under ESI Act Since a workman is entitled to get
compensation from Employees State Insurance Corporation, a workman covered under ESI Act is not
entitled to get compensation under Workmens Compensation Act, as per section 53 of ESI Act,
1948.

Meaning of Workman (Sec.2 (n))


"Workman" means any person (other than a person whose employment is of a casual nature and
who is employed otherwise than for the purposes of the employer's trade or business) who is (i) a
railway servant as defined in clause (34) of section 2 of the Railways Act, 1989 (24 of 1989), not
permanently employed in any administrative, district or subdivisional office of a railway and not
employed in any such capacity as is specified in Schedule II, or (ia)

(a) a master, seaman or other member of the crew of a ship,


(b) a captain or other member of the crew of an
aircraft,


(c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with
a motor vehicle,
92
(d) a person recruited for work abroad by a company, and who is employed outside India in any such
capacity as is specified in Schedule II and the ship, aircraft or motor vehicle, or company, as the case
may be, is registered in India, or

(ii) employed in any such capacity as is specified in Schedule II, whether the contract of employment
was made before or after the passing of this Act and whether such contract is expressed or implied,
oral or in writing; but does not include any person working in the capacity of a member of the Armed
Forces of the Union; and any reference to a workman who has been injured shall, where the
workman is dead, include a reference to his dependants or any of them.

The provisions of the Act have been extended to cooks employed in hotels, restaurants using power,
liquefied petroleum gas or any other mechanical device in the process of cooking.

Employees Entitled To Compensation:


Every employee (including those employed through a contractor but excluding casual employees),
who is engaged for the purposes of employers business and who suffers an injury in any accident
arising out of and in the course of his employment, shall be entitled for compensation under the Act.

Employers Liability for Compensation (Accidents)


The employer of any establishment covered under this Act, is required to compensate an employee:


a. Who has suffered an accident arising out of and in the course of his employment, resulting
into (i) death, (ii) permanent total disablement, (iii) permanent partial disablement, or (iv)
temporary disablement whether total or partial, or

b. Who has contracted an occupational disease.


Employer Shall Not Be Liable:


a. In respect of any injury which does not result in the total or partial disablement of the
workmen for a period exceeding three days;

b. In respect of any injury not resulting in death, caused by an accident which is directly
attributable to

i. the workmen having been at the time thereof under the influence or drugs, or
93
ii. the wilful disobedience of the workman to an order expressly given, or to a rule expressly
framed, for the purpose of securing the safety of workmen, or

iii. the wilful removal or disregard by the workmen of any safeguard or other device which he
knew to have been provided for the purpose of securing the safety of workmen.

The burden of proving intentional disobedience on the part of the employee shall lie upon
the employer.

iv. when the employee has contacted a disease which is not directly attributable to a specific
injury caused by the accident or to the occupation; or

v. when the employee has filed a suit for damages against the employer or any other person,
in a Civil Court.

Contracting Out:


Any contract or agreement which makes the workman give up or reduce his right to compensation
from the employer is null and void insofar as it aims at reducing or removing the liability of the
employer to pay compensation under the Act.

Definition of Disablement


Disablement is the loss of the earning capacity resulting from injury caused to a workman by an
accident.

Disablements can be classified as (a) Total, and (b) Partial. It can further be classified into (i)
Permanent, and (ii) Temporary, Disablement, whether permanent or temporary is said to be
total when it incapacitates a worker for all work he was capable of doing at the time of the
accident resulting in such disablement.

Total disablement is considered to be permanent if a workman, as a result of an accident,
suffers from the injury specified in Part I of Schedule I or suffers from such combination of
injuries specified in Part II of Schedule I as would be the loss of earning capacity when
totalled to one hundred per cent or more. Disablement is said to be permanent partial when
it reduces for all times, the earning capacity of a workman in every employment, which he
was capable of undertaking at the time of the accident. Every injury specified in Part II of
Schedule I is deemed to result in permanent partial disablement.
94
Temporary disablement reduces the earning capacity of a workman in the employment in
which he was engaged at the time of the accident.

Accident Arising Out Of And In The Course Of Employment


An accident arising out of employment implies a casual connection between the injury and the
accident and the work done in the course of employment. Employment should be the distinctive and
the proximate cause of the injury. The three tests for determining whether an accident arose out of
employment are:

1. At the time of injury workman must have been engaged in the business of the employer and
must not be doing something for his personal benefit;

2. That accident occurred at the place where he as performing his duties; and

3. Injury must have resulted from some risk incidental to the duties of the service, or inherent
in the nature condition of employment.

Amount of compensation


The amount of compensation payable will be as follows, namely :


(a) where death results an amount equal to fifty per cent of the monthly wages of the deceased
workman multiplied by the relevant factor; or an amount of fifty thousand rupees, whichever is
more;

(b) where permanent total an amount equal to disablement results from sixty the injury per cent of
the monthly wages of the injured workman multiplied by the relevant factor, or an amount of sixty
thousand rupees, whichever is more; For the purposes of clause (a) and clause (b), "relevant factor",
in relation to a workman means the factor specified in the second column of Schedule IV against the
entry in the first column of that Schedule specifying the number of years which are the same as the
completed years of the age of the workman on his last birthday immediately preceding the date on
which the compensation fell due. Where the monthly wages of a workman exceed two thousand
rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be two
thousand rupees only;

(c) where permanent partial disablement results from the injury (i) in the case of an injury specified
in Part II of Schedule I, such percentage of the compensation which would have been payable in the
95
case of permanent total disablement as is specified therein as being the percentage of the loss of
earning capacity caused by that injury, and (ii) in the case of an injury not specified in Schedule I,
such percentage of the compensation payable in the case of permanent total disablement as is
proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner)
permanently caused by the injury;

(d) Where temporary a half monthly payment of the sum disablement, whether equivalent to
twentyfive per cent of total or partial, results monthly wages of the workman, to from the injury be
paid in accordance with the provisions of subsection (2).

(1A) Notwithstanding anything contained in subsection (1), while fixing the amount of
compensation payable to a workman in respect of an accident occurred outside India, the
Commissioner shall take into account the amount of compensation, if any, awarded to such
workman in accordance with the law of the country in which the accident occurred and shall reduce
the amount fixed by him by the amount of compensation awarded to the workman in accordance
with the law of that country.

(2) The halfmonthly payment referred to in clause (d) of subsection (1) shall be payable on the
sixteenth day (i) from the date of disablement where such disablement lasts for a period of twenty
eight days or more; or

(ii) after the expiry of a waiting period of three days from the date of disablement where such
disablement lasts for a period of less than twentyeight days; and thereafter halfmonthly during the
disablement or during a period of five years, whichever period is shorter : Provided that (a) there
shall be deducted from any lump sum or halfmonthly payments to which the workman is entitled
the amount of any payment or allowance which the workman has received from the employer by
way of compensation during the period of disablement prior to the receipt of such lump sum or of
the first halfmonthly payment, as the case may be; and (b) no halfmonthly payment shall in any
case exceed the amount, if any, by which half the amount of the monthly wages of the workman
before the accident exceeds half the amount of such wages which he is earning after the accident.
Explanation : Any payment or allowance which the workman has received from the employer
towards his medical treatment shall not be deemed to be a payment or allowance received by him
by way of compensation within the meaning of clause (a) of the proviso.
96
(3) On the ceasing of the disablement before the date on which any halfmonthly payment falls due,
there shall be payable in respect of that halfmonth a sum proportionate to the duration of the
disablement in that halfmonth.

(4) If the injury of the workman results in his death, the employer shall, in addition to the
compensation under subsection (1), deposit with the Commissioner a sum of one thousand rupees
for payment of the same to the eldest surviving dependant of the workman towards the expenditure
of the funeral of such workman or where the workman did not have a dependant or was not living
with his dependant at the time of his death to the person who actually incurred such expenditure





General principles of the Act


There must be a casual connection between the injury and the accident and the work done
in the course of employment;

The onus is upon the applicant to show that it was the work and the resulting strain which
contributed to or aggravated the injury;

It is not necessary that the workman must be actually working at the time of his death or
that death must occur while he was working or had just ceased to work; and

Where the evidence is balanced, if the evidence shows a greater probability which satisfies a
reasonable man that the work contributed to the causing of the personal injury it would be
enough for the workman to succeed. But where the accident involved a risk common to all
humanity and did not involve any peculiar or exceptional danger resulting from the nature of
the employment or where the accident was the result of an added peril to which the
workman by his own conduct exposed himself, which peril was not involved in the normal
performance of the duties of his employment, then the employer will not be liable.




Employers fault is immaterial


The compensation is payable even when there was no fault of employer. In New India Assurance Co.
Ltd. v. Pennamna Kuriern (1995) 84 Comp. Cas. 251 (Ker HC DB), claim of workmen for
compensation under Motor Vehicle Act was rejected due to negligence of employee, but
compensation was awarded under Workmens Compensation Act on the principle of no fault.
97


Compensation payable even if workman was careless


Compensation is payable even if it is found that the employee did not take proper precautions. An
employee is not entitled to get compensation only if (a) he was drunk or had taken drugs (b) he
wilfully disobeyed orders in respect of safety (c) he wilfully removed safety guards of machines.
However, compensation cannot be denied on the ground that workman was negligent or careless.
Mar Themotheous v. Santosh Raj 2001 LLR 164 (Ker HC DB).

Number of Workmen Employed Is Not Criteria


In definition of workman in schedule II, in most of the cases, number of workmen employed is not
the criteria. In most of cases, employer will be liable even if just one workman is employed. The Act
applies to a workshop even if it employs less than 20 workmen and is not a factory under Factories
Act. Sunil Industries v. Ram Chander 2000 AIR SCW 4109 = 2001 LLR 64 = 2000(7) SCALE 415.

Payment of compensation only through Commissioner A Commissioner for Workmens
Compensation is appointed by Government. The compensation must be paid only through the
Commissioner in case of death or total disablement. Any lump sum payment to workman under the
Act must be made only through Commissioner. Direct payment to workman or his dependents is not
recognized at all as compensation.

4k. THE TRADE UNIONS ACT, 1926:


The Trade Unions Act, 1926 provides for registration of trade unions with a view to render lawful
organisation of labour to enable collective bargaining. It also confers on a registered trade union
certain protection and privileges.

The Act extends to the whole of India and applies to all kinds of unions of workers and associations
of employers, which aim at regularising labour management relations. A Trade Union is a
combination whether temporary or permanent, formed for regulating the relations not only
between workmen and employers but also between workmen and workmen or between employers
and employers.

Registration
98
Registration of a trade union is not compulsory but is desirable since a registered trade union enjoys
certain rights and privileges under the Act. Minimum seven workers of an establishment (or seven
employers) can form a trade union and apply to the Registrar for it registration.

The application for registration should be in the prescribed form and accompanied by the
prescribed fee, a copy of the rules of the union signed by at least 7 members, and a
statement containing

(a) the names, addresses and occupations of the members making the application,

(b) the name of the trade union and the addresses of its head office, and

(c) the titles, names, ages, addresses and occupations of its office bearers.


If the union has been in existence for more than a year, then a statement of its assets and
liabilities in the prescribed form should be submitted along with the application.

The registrar may call for further information for satisfying himself that the application is
complete and is in accordance with the provisions, and that the proposed name does not
resemble

On being satisfied with all the requirements, the registrar shall register the trade union and
issue a certificate of registration, which shall be conclusive evidence of its registration.

Legal Status of a Registered Trade Union


A registered trade union is a body corporate with perpetual succession and a common seal.

It can acquire, hold sell or transfer any movable or immovable property and can be a party
to contracts.

It can sue and be sued in its own name

No civil suit or other legal proceeding can be initiated against a registered trade union in
respect of any act done in furtherance of a trade dispute under certain conditions.

No agreement between the members of a registered trade union shall be void or voidable
merely on the ground that any of its objects is in restraint of trade.

Appointment of Office Bearers
99
At least 50% of the office bearers of a union should be actually engaged or employed in the industry
with which the trade union is concerned, and the remaining 50% or less can be outsiders such as
Lawyers, politicians, social workers etc.

To be appointed as an office bearer or executive of a registered trade union, a person must have


a. attained the age of 18 years; and

b. not been convicted of any affiance involving moral turpitude and sentenced to
imprisonment, or a period of at least 5 years has elapsed since his release.

Change of Name & Registered Office


A registered trade union may change its name with the consent of at least 2/3rds of the total
numbers of its members.

Notice of change of name in writing, signed by the secretary and 7 members of the union,
should be sent to the registrar.

the Registrar shall register the change in name if he is satisfied that the proposed name is
not identical with the name of any other existing union and the requirements with respect
to change of name have been complied with.

The change of name shall not affect any rights and obligations of the trade union or render
any legal proceeding by or against the trade union as defective.



Change of Registered Office


Notice of change in registered office address should be given to the Registrar in writing within 14
days of such change.



Dissolution of a Trade Union


A registered trade union can be dissolved in accordance with the rules of the union. A notice of
dissolution signed by any seven members and the secretary of the union should be sent to the
registrar within 14 days of the dissolution. On being satisfied the registrar shall register the notice
and the union shall stand dissolved from the date. The funds of the union shall be divided by the
100
Registrar amongst its members in the manner prescribed under the rules of the union or as laid
down by the government.

Amalgamation of Trade Unions


Any registered trade union may amalgamate with any other union(s), provided that at least 50% of
the members of each such union record their votes and at least 60% of the votes so recorded are in
favour of amalgamation. A notice of amalgamation signed by the secretary and at least 7 members
of each amalgamating union, should be sent to the registrar, and the amalgamation shall be in
operation after the Registrar registers the notice.

Obligations of Registered Trade Unions


1. The general funds of a registered trade union should be spent only for the objects
specified such as, payment of salaries, allowances and expenses of its office bearers, its
administrative and audit expenses, prosecution or defence af any legal proceeding for
securing or protecting its rights, conduct of trade disputes, compensation for loss arising out
of trade disputes, compensation for loss arising out of trade disputes, provision of
educational, social or religious benefits and allowances on account of death, old age,
sickness, accident or unemployment to its members, publication of labour journals etc. The
trade union may set up a separate political fund for furtherance of civic and political interest
of members. Contribution to this fund is not compulsory.

2. The account books and membership register of the union should be kept open for
inspection by any of its officebearers.

3. A copy of every alteration made in the rules of the union should be sent to the Registrar
within 15 days of making the alteration.

4. An annual statement of receipts and expenditure and assets and liabilities of the union for
the year ending on the 31st December, prepared in the prescribed forms and duly audited
should be sent to the Registrar within the prescribed time. This statement should be
accompanied by a statement showing changes in office bearers during the year and a copy
of the rules as amended upto date.
101


Offence Penalty
1. If the registered trade union/ its office
bearers or members fail to give any notice or
send any statement as required under the
Act.
Fine upto Rs. 5 plus additional fine upto Rs. 5
per week in case of continuing offence.
(Maximum fine imposable Rs. 50)
2. If any person wilfully makes any false entry in
the annual statement of the union or its
rules.
Fine upto Rs. 500.
3. If any person, with intent to deceive, gives an
incorrect copy of rules of the union to any
member or a prospective member.
Fine upto Rs. 200.



4l. THE SHOPS AND ESTABLISHMENT ACT


The Shops and Establishment Act is a state legislation and each state has framed its own Act and
Rules for the Act. The object of this Act is to provide statutory obligation and rights to employees
and employers in the unauthorized sector of employment, i.e., shops and establishments. This Act is
applicable to all persons employed in an establishment with or without wages, except the members
of the employers family.


This Act lays down the following rules:

Working hours per day and week.

Guidelines for spreadover, rest interval, opening and closing hours, closed days,
national and religious holidays, overtime work.
Employment of children, young persons and women.

Rules for annual leave, maternity leave, sickness and casual leave, etc.

Rules for employment and termination of service.



Generally under this Act, registration of shop/establishment is necessary within thirty days of
commencement of work but in some states like Delhi, registration has been kept in abeyance. Hence
the rules regarding registration of shops and establishment vary from state to state. Fifteen days of
notice is required to be served before the closing of the establishment and State government can
102
exempt, either permanently or for specified period, any establishments from all or any provisions of
this Act.


Bombay Shops & Establishment Act, 1948


This act is a social piece of legislation of the State Government enacted to prevent sweat labourers
of Unorganized sector and to regulate the condition of work and employment and therefore to
secure maximum benefits to the employees working in different categories of establishment viz.
Shops, Commercial Establishments, residential hotels, restaurants, eating houses, theatres and other
places of public amusement or entertainments for the jurisdiction of Greater Mumbai by virtue of
the statutory provisions of Section 43 of the said Act subject to the overall supervisions of the State
Government through the Commissioner of Labour, Mumbai. The shops & Establishments
Department is headed by the Chief Inspector, Shops & Establishments. The Chief Inspector, Shops &
Establishments is assisted by Four Deputy Chief Inspectors.

Forms and Formalities


Form 'A': This form is prescribed for registration of the establishments under Bombay Shops

& Establishments Act, 1948. Registration is made under Sec 7(1)(4) of the said act.

Form 'B': This is prescribed for the periodical renewal of registration certificate say for one
year or three years at a time. Renewal is made under Sec.7(2A) of the Bombay Shops and
Establishments Act
Form 'E': This form is prescribed for making any subsequent change in the information
already submitted in form 'A'.
The Registration Certificate is generally valid up to the end of the calendar year for which it

is granted under Sec.7(2A) it is required to get every Registration Certificate renewed for
next calendar year fifteen days before the date of expiry of Registration Certificate in hand
by submitting prescribed form 'B' along with prescribed renewal fees to the concerned Shop
Inspector.
As per Sec. 7(2B), the renewal of Registration Certificate can be made for 3 calendar years at
a time at the option of the employer by paying requisite for that period. In such cases the
Registration Certificate will be valid up to the end of 3rd calendar year including and from
the year to which it is granted or renewed as the case may be.
If the renewal application is not made within the period prescribed but it is made within

thirty days after the date of expiry of Registration Certificate or the renewed Registration
103
Certificate as the case may be, then in such cases an additional fee as late fee equal to half
of the fee payable for normal renewal of Registration Certificate is charged.

Documents required for registration


Memorandum of Articles of Association/Trust deed.

Premises purchase Agreement.

List of Directors/Managers.

1st Bank Account opening proof/Bank Account No. details.

First Income Tax Assessment order/PAN

BMC declaration

Date of commencement of business


Compliance


During the course of enforcement the inspectors visit various establishments and detect
breaches of the provisions of the Act and rules framed there under and launch prosecutions
on defaulters accordingly.
The major breaches of the provisions of the Act consist of nonregistration, nonrenewal,
opening of establishment before prescribed hours, closing of establishments later than
prescribed hours, exceeding total hours, continuous work without rest interval, spread over,
not granting privilege leave, keeping establishment open on weekly closed day, calling
employees for work on their weekly offs, employing female employees after prescribed
hours, employing child labour, not providing Identity Cards to certain class of employees, not
paying wages as per rates prescribed under Minimum Wages Act etc.
The major breaches of the provisions of rule are in the nature of procedural lapses. Viz. Not
maintaining prescribed register of employment, leave register, visit book, lime washing
register, not providing leave book to the employees or not making suitable entries therein,
not producing requisite record register, notices for inspection on demand, not displaying
name board in Marathi in Devnagari Script etc.

Maintenance of Registers


Generally the following Registers/ records/ notices etc. are to be kept by the different categories of
work:
104
Register of Employment by employers of Shop or Commercial Establishment in prescribed
form H or J as the case may be.
Register of leave in form M.

Leave Book in form N.

Notice in form L specifying the days of holidays.

MusterRoll CumWage Register as laid down under Rule 27(1) of Maharashtra Minimum
Wages Rules 1963.
Notify to the Sr. Inspector (Shops & Establishments) at the beginning of the every calender

year regarding list of closed day of the respective year.

The employer has to provide Identity Cards to the certain class of employees.

The Employer has to apply for permission to maintain computerized records.

The employer also has to obtain permission for ladies working beyond 8.30 p.m. under Sec
33 of the Act. (However as per the notification dated June 2002, Government has waived
such conditions with respect to certain class of industries including CALL CENTRES.)

4m. THE PAYMENT OF WAGES ACT, 1936


Application of the Act:


The Act will apply to persons employed in any factory or employed (otherwise than in a factory)
upon any railway by a railway administration or, either directly or through a subcontractor, by a
person fulfilling a contract with a railway administration, and to persons employed in an industrial or
other establishment.




Here "factory" means a factory as defined in section 2(m) of the Factories Act, 1948 (63 of 1948) and
includes any place to which the provisions of that Act have been applied under section 85(1) thereof.

"Industrial or other establishment" means any

(a) Tramway service, or motor transport service engaged in carrying passengers or goods or
both by road for hire or reward;
(b) Air transport service other than such service belonging to, or exclusively employed in the
military, naval or air forces of the Union or the Civil Aviation Department of the
Government of India;
(c) Dock, Wharf or Jetty;

(d) Inland vessel, mechanically propelled;
105
(e) Mine, Quarry or Oilfield;

(f) Plantation;

(g) Workshop or other establishment in which articles are produced, adapted or
manufactured, with a view to their use, transport or sale;
(h) Establishment in which any work relating to the construction, development or
maintenance of buildings, roads, bridges or canals, or relating to operations connected
with navigation, irrigation, or to the supply of water or relating to the generation,
transmission and distribution of electricity or any other form of power is being carried on.



2. This Act applies to wages payable to an employed person in respect of a wage period if such
wages for that wage period do not exceed Rs 6500/ per month or such other higher sum which, on
the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey
Organisation, the Central Government may, after every five years, by notification in the Official
Gazette, specify.".

Meaning of wages




"Wages" means all remuneration (whether by way of salary, allowances, or otherwise) expressed in
terms of money or capable of being so expressed which would, if the terms of employment, express
or implied, were fulfilled, be payable to a person employed in respect of his employment or of work
done in such employment, and includes
(a) Any remuneration payable under any award or settlement between the parties or order of a
court;
(b) Any remuneration to which the person employed is entitled in respect of overtime work or
holidays or any leave period;
(c) Any additional remuneration payable under the terms of employment (whether called a bonus
or by any other name);
(d) Any sum which by reason of the termination of employment of the person employed is payable
under any law, contract or instrument which provides for the payment of such sum, whether with
or without deductions, but does not provide for the time within which the payment is to be made;
(e) Any sum to which the person employed is entitled under any scheme framed under any law for
the time being in force,
But does not include
106
(1) any bonus (whether under a scheme of profit sharing or otherwise) which does not form part of
the remuneration payable under the terms of employment or which is not payable under any award
or settlement between the parties or order of a court;
(2) the value of any houseaccommodation, or of the supply of light, water, medical attendance or
other amenity or of any service excluded from the computation of wages by a general or special
order of the State Government;
(3) Any contribution paid by the employer to any pension or provident fund, and the interest which
may have accrued thereon;
(4) Any traveling allowance or the value of any traveling
concession;

(5) Any sum paid to the employed person to defray special expenses entailed on him by the nature
of his employment; or
(6) Any sum as gratuity payable on the termination of employment in cases other than those
specified in subclause (d).]


Responsibility for Payment of wages


Every employer shall be responsible for the payment of all wages required to be paid under this Act
to persons employed by him and in case of persons employed,

(a) In factories, if a person has been named as the manager of the factory under clause (f) of sub
section (1) of section 7 of the Factories Act, 1948 (63 of 1948);

(b) In industrial or other establishments, if there is a person responsible to the employer for the
supervision and control of the industrial or other establishments;

(c) Upon railways (other than in factories), if the employer is the railway administration and the
railway administration has nominated a person in this behalf for the local area concerned;

(d) In the case of contractor, a person designated by such contractor who is directly under his
charge; and

(e) In any other case, a person designated by the employer as a person responsible for complying
with the provisions of the Act, the person so named, the person responsible to the employer, the
person so nominated or the person so designated, as the case may be,

shall be responsible for such payment.
107
It shall be the responsibility of the employer to make payment of all wages required to be made
under this Act in case the contractor or the person designated by the employer fails to make such
payment.

Wage period for payment of wages


The person responsible for payment of wages shall decide the wage period. But the period shall not
exceed one month.




The wages of every person employed upon or in any railway, factory or industrial or other
establishment upon or in which less than 1000 persons are employed, shall be paid before the expiry
of the 7
th
day after the last day of the wageperiod in respect of which the wages are payable
Any other railway, factory or industrial or other establishment that is where more than 1000 people
are employed, shall be paid before the expiry of the 10
th
day, after the last day of the wageperiod in
respect of which the wages are payable.


In the case of persons employed on a dock, wharf or jetty or in a mine, the balance of wages found
due on completion of the final tonnage account of the ship or wagons loaded or unloaded, as the
case may be, shall be paid before the expiry of the 7
th
day from the day of such completion.


Where the employment of any person is terminated by or on behalf of the employer, the wages,
earned by him shall be paid before the expiry of the 2nd working day from the day on which his
employment is terminated.


But where the employment of any person in an establishment is terminated due to the closure of
the establishment for any reason other than a weekly or other recognized holiday, the wages earned
by him shall be paid before the expiry of the 2
nd
day from the day on which his employment is so
terminated.




Deductions from Wages allowable under the Act



Deductions from the wages of an employed person shall be made only in accordance with the
provisions of this Act, and may be of the following kinds only, namely:
108
(a) Fines: The total amount of fine which may be imposed in any one wageperiod on any
employed person shall not exceed an amount equal to 3% of the wages payable to him in
respect of that wageperiod. No fine shall be imposed on any employed person who is under
the age of fifteen years. Every fine shall be deemed to have been imposed on the day of the
act or omission in respect of which it was imposed. No fine imposed on any employed
person shall be recovered from him by instalments or after the expiry of 90 days from the
day on which it was imposed
(b) Deductions for absence from
duty;

(c) Deductions for damage to or loss of goods expressly entrusted to the employed person
for custody, or for loss of money for which he is required to account, where such damage or
loss is directly attributable to his neglect or default;
(d) Deductions for houseaccommodation supplied by the employer or by government or
any housing board set up under any law for the time being in force (whether the
government or the board is the employer or not) or any other authority engaged in the
business of subsidizing house accommodation which may be specified in this behalf by the
State Government by notification in the Official Gazette;
(e) Deductions for such amenities and services supplied by the employer as the State
Government or any officer specified by it in this behalf may, by general or special order,
authorize.
Explanation: The word "services" in
23
[this clause] does not include the supply of tools and

raw materials required for the purposes of employment;

(f) Deductions for recovery of advances of whatever nature (including advances for traveling
allowance or conveyance allowance), and the interest due in respect thereof, or for
adjustment of overpayments of wages. Recovery of an advance of money given before
employment began shall be made from the first payment of wages in respect of a complete
wageperiod, but no recovery shall be made of such advances given for travelingexpenses.
(ff) deductions for recovery of loans made from any fund constituted for the welfare of
labour in accordance with the rules approved by the State Government, and the interest due
in respect thereof;
(fff) deductions for recovery of loans granted for housebuilding or other purposes approved
by the State Government and the interest due in respect thereof;]
(g) Deductions of incometax payable by the employed
person;

(h) Deductions required to be made by order of a court or other authority competent to
make such order;
109
(i) Deductions for subscriptions to, and for repayment of advances from any provident fund
to which the Provident Funds Act, 1925 (19 of 1925), applies or any recognized provident
fund as defined or any provident fund approved in this behalf by the State Government,
during the continuance of such approval;
(j) deductions for payments to cooperative societies approved by the State Government or
any officer specified by it in this behalf or to a scheme of insurance maintained by the Indian
Post Office, and
(k) deductions, made with the written authorization of the person employed for payment of
any premium on his life insurance policy to the Life Insurance Corporation Act of India
established under the Life Insurance Corporation Act, 1956 (31 of 1956), or for the purchase
of securities of the Government of India or of any State Government or for being deposited
in any Post Office Savings Bank in furtherance of any savings scheme of any such
government.]]
(kk) deductions, made with the written authorization of the employed person, for the
payment of his contribution to any fund constituted by the employer or a trade union
registered under the Trade Union Act, 1926 (16 of 1926), for the welfare of the employed
persons or the members of their families, or both, and approved by the State Government
or any officer specified by it in this behalf, during the continuance of such approval;
(kkk) deductions, made with the written authorization of the employed person, for payment

of the fees payable by him for the membership of any trade union registered under the
Trade Union Act, 1926 (16 of 1926);
(l) Deductions, for payment of insurance premium on Fidelity Guarantee
Bonds;

(m) Deductions for recovery of losses sustained by a railway administration on account of
acceptance by the employed person of counterfeit or base coins or mutilated or forged
currency notes;
(n) Deductions for recovery of losses sustained by a railway administration on account of the

failure of the employed person to invoice, to bill, to collect or to account for the appropriate
charges due to that administration whether in respect of fares, freight, demurrage, wharfage
and carnage or in respect of sale of food in catering establishments or in respect of sale of
commodities in grain shops or otherwise;
(o) Deductions for recovery of losses sustained by a railway administration on account of any
rebates or refunds incorrectly granted by the employed person where such loss is directly
attributable to his neglect or default;]
110
(p) Deductions, made with the written authorization of the employed person, for
contribution to the Prime Ministers National Relief Fund or to such other Fund as the
Central Government may, by notification in the Official Gazette, specify;]
(q) Deductions for contributions to any insurance scheme framed by the Central
Government for the benefit of its employees.
The total amount of deductions which may be made above in any wageperiod from the

wages of any employed person shall not exceed

(i) in cases where such deductions are wholly or partly made for payments to cooperative
societies under clause (j) above, 75% of such wages, and
(ii) in any other case, 50% of such
wages:

Where the total deductions authorized exceed 75% or, as the case may be, 50% of the
wages, the excess may be recovered in such manner as may be prescribed.


Maintenance of registers and records



It is the responsibility of the employer to maintain such registers and records giving particulars of
persons employed by him, the work performed by them, the wages paid to them, the deductions
made from their wages and such other particulars. Every record and register maintained shall be
preserved for a period of 3 years after the date of last entry made therein.


Rights of employees



Where contrary to the provisions of this Act any deduction has been made from the wages of an
employed person, or any payment of wages has been delayed, than following persons may apply to
such authority:
(1) Such person himself,

(2) Any legal practitioner or

(3) Any official of a registered trade union authorized in writing to act on his behalf, or

(4) Any Inspector under this Act, or

(5) Any other person acting with the permission of the authority appointed by the state
government.
Every such application shall be presented within 12 months from the date on which the deduction

from the wages was made or from the date on which the payment of the wages was due to be
made, as the case may be:
111
Any application may be admitted after the said period of 12 months when the applicant satisfies the
authority that he had sufficient cause for not making the application within such period.


When any application made is entertained, the authority shall hear the applicant and the employer
or other person responsible for the payment of wages, or give them an opportunity of being heard,
and, after such further enquiry, if any, as may be necessary, may, without prejudice to any other
penalty to which such employer or other person is liable under this Act, direct the refund to the
employed person of the amount:
(1) Deducted, or

(2) The payment of the delayed wages, together with the payment of such compensation as the
authority may think fit. The amount of such compensation shall:
a) Not exceeding 10 times the amount deducted in the case where deduction has been
wrongly made from the wages and;
b) Not exceeding Rs 3000/ but not less than Rs 1500/ in the case where there is delay in
payment of wages.
Even if the amount deducted or delayed wages are paid before the disposal of the application, direct

the payment of such compensation, as the authority may think fit, not exceeding Rs 2000/.

A claim under this Act shall be disposed of as far as practicable within a period of 3 months from the
date of registration of the claim by the authority.
Also no direction for the payment of compensation shall be made in the case of delayed wages if the
authority is satisfied that the delay was due to (a) A bona fide error or bona fide dispute as to the
amount payable to the employed person; or
(b) The occurrence of an emergency, or the existence of exceptional circumstances, the person

responsible for the payment of the wages was unable, in spite of exercising reasonable diligence.



If the authority hearing an application under this section is satisfied

(a) That the application was either malicious or vexatious, the authority may direct that a penalty
not exceeding Rs 375/to be paid to the employer or other person responsible for the payment of
wages by the person presenting the application; or
(b) That in any case in which compensation is directed to be paid under the applicant ought not to
have been compelled to seek redress under this section, the authority may direct that a penalty not
exceeding Rs 375/ to be paid to the State Government by the employer or other person responsible
for the payment of wages.
112
A single application can also be made by the unpaid group of the employed persons. Employed
persons can be said to belong to Unpaid Group:
(1) If they are borne by the same establishment, and

a. If deductions have been made from their wages for the same wage period in
contravention of the Act, or
b. Their wages for the same wage period have remained unpaid after the day fixed by

the Act.



An appeal can be made against an order dismissing either wholly or part of an application made. The
appeal can be made within 30 days of the date on which the order or direction was made. The
appeal has to be made before the court of small causes or the District Court by following persons:
(1) By an employed person or any legal practitioner or any official of a registered trade union
authorized in writing to act on his behalf or any Inspector under this Act, if the total
amount of wages claimed to have been withheld from the employed person exceeds Rs
20/ or from the unpaid group to which the employed person belongs or belonged exceeds
Rs 50, or
(2) By the employer or other person responsible for the payment of wages, if the total sum
directed to be paid by way of wages and compensation exceeds Rs 300/ or such direction
has the effect of imposing on the employer or the other person a financial liability
exceeding Rs 1000/, or
(3) By any person directed to pay a penalty.




Penalties

(1) Whoever being required under this Act to maintain any records or registers or to furnish
any information or return
(a) Fails to maintain such register or record; or

(b) Willfully refuses or without lawful excuse neglects to furnish such information or return;
or
(c) Willfully furnishes or causes to be furnished any information or return which he knows to
be false; or
(d) refuses to answer or willfully gives a false answer to any question necessary for obtaining

any information required to be furnished under this Act,
113
shall, for each such offence, be punishable with fine which shall not be less than Rs 1500/
one but which may extend to Rs 7500/.


(2) Whoever

(a) Willfully obstructs an Inspector in the discharge of his duties under this Act; or

(b) refuses or willfully neglects to afford an Inspector any reasonable facility for making any
entry, inspection, examination, supervision, or inquiry authorized by or under this Act in
relation to any railway, factory or industrial or other establishment; or
(c) Willfully refuses to produce on the demand of an Inspector any register or other

document kept in pursuance of this Act; or

(d) prevents or attempts to prevent or does anything which he has any reason to believe is
likely to prevent any person from appearing before or being examined by an Inspector acting
in pursuance of his duties under this Act;
shall be punishable with fine which shall not be less than Rs 1500/one but which may
extend to Rs 7500/.


(3) If any person who has been convicted of any offence punishable under this Act is again
guilty of an offence involving contravention of the same provision, he shall be punishable
on a subsequent conviction with imprisonment for a term which shall not be less than one
month but which may extend to six months and with fine which shall not be less than Rs
3750/ but which may extend to Rs 22500/.
(4) If any person fails or willfully neglects to pay the wages of any employed person by the date
fixed by the authority in this behalf, he shall, without prejudice to any other action that
may be taken against him, be punishable with an additional fine which may extend to Rs
750/ for each day for which such failure or neglect continues.




Payment in case of death of the employed person whose wages are not disbursed



Where the amount payable to an employed person as wages could not be paid on account of his
death before payment or on account of his whereabouts not being known;
(a) Be paid to the person nominated by him in this behalf.

(b) Where no such nomination has been made or where for any reasons such amount
cannot be aid to the person nominated, be deposited with the prescribed authority.
114

4m. MINIMUM WAGES ACT, 1948


The concept of Minimum Wages was first evolved by ILO in 1928 with reference to remuneration of
workers in those industries where the, level of wages was substantially low and the labour was
vulnerable to exploitation, being not well organised and having less effective bargaining power. The
need for a legislation for fixation of minimum wages in India received boost after World War II
when a draft bill was considered by the Indian Labour Conference in 1945. On the recommendation
of the 8
th
Standing Labour Committee, the Minimum Wages Bill was introduced in the Central
Legislative assembly on 11.4.1946 to provide for fixation of minimum wages in certain employments.
The Minimum Wages Bill was passed by the Indian Dominion Legislature and came into force on
15th March, 1948. Under the Act both State and Central Government are Appropriate
Governments for fixation/revision of minimum rates of wages for employments covered by the
Schedule to the Act. The minimum rates of wages also include Special Allowance (Variable Dearness
Allowance) linked to Consumer Price Index Number which are revised twice a year effective from
April and October. The rates of wages once fixed are revised at an interval not exceeding of five
years.

The National Minimum Wage has been considered at various for a in the past. However, State/UT
Governments are not unanimous on the need of a National Minimum Wage as socioeconomic
conditions vary from state to state, region to region and also from industry to industry due to
different geographical, topographical and agroclimatic factors. The Six Regional Minimum Wages
Advisory Committees set up in 1987 to reduce regional disparities among States have been
broadened and renamed as Regional Labour Ministers Conferences.

Employers Checklist for Minimum Wages


The employer must pay every employee wages as fixed by the Government.


(a) Wages must be paid in cash.


(b) For the fixation of minimum wages, the employment must have been in Schedule originally or
added to the Schedule by a notification under Section 27 of the Act.

(c) The employer can take actual work on any day up to 9 hours in a 12 hours shift, but he must pay
double the rate for any hour or part of an hour of actual work in excess of 9 hours or for more than
48 hours in any week.
115
(d) Once a minimum wage is fixed according to the provisions of the Act, the employer must pay to
every employee engaged in a Scheduled employment, minimum wages notification for that class of
employees.

(e) The employer should fix wageperiod for the payment of wages at intervals not exceeding one
month or such other larger period as may be prescribed.

(f) The employer should pay wages on a working day within seven days of the end of wage period or
within 10 days if 1000 or more persons are employed in an establishment.

(g) The employer should pay the wages to a person discharged not later than the second working
day after his discharge.

(h) Every employer should maintain a register of wages at workplace specifying the following
particulars for each wage period in respect of each employed person:

i. Minimum rate of wages payable;


ii. The number of days in which overtime was worked;


iii. The gross wages;


iv. The wages actually paid and the date of payment.




(i) Every employer should get the signature or the thumb impression of every person employed on
the wage book and the wage slips.

(j) The employer should exhibit at main entrance to the establishment and its offices, a notice in
respect of the following in English and local language:

i. Minimum rates of wages;


ii. Abstracts of the Acts and rules made there under;


iii. Name and address of the Labour Inspector/ Asst. Commissioner of Labour etc.


The minimum wages covers all workers in the sectors agricultural, industrial and smallscale sectors.
116
This means:


farm labourers

landless labourers

factory workers

people working in cottage industries

Construction workers etc.


The issue of fixation of minimum wages is of primary importance in a country like India where 300
million people are employed in the informal sector with no collective bargaining power. This is 93
percent of the workers. The enactment of the Minimum Wages Act in 1948 is a landmark in the
labour history of India. The Act provides for fixation of minimum wages for notified scheduled
employment.

As per Government of India, for all the States, the minimum wages have been fixed at about Rs 40 to
60 per day per person, average about Rs 50 per day for 25 days per month.

There are 45 scheduled employments in the Central sphere and 1232 in the state sphere for which
minimum wages have been fixed. To protect the wages against inflation they were linked to rise in
the Consumer Price Index.

The variable dearness allowance (VDA) came into being in 1991 and the allowance is revised twice a
year.

At present 22 states /Union Territories have these provisions. The states and Union Territories were
further directed to ensure that minimum wages are not below Rs 45 per day for any scheduled
employment.

Fixation of Minimum Wage Rate in India:


Minimum rate of the wages fixed or revised consists of the following:


A basic rate of wages and a special allowance, viz., cost of living allowance ;

A basic rate of wages with or without cost of living allowance and cash value of concessions
for supplies of essential commodities ;
An all inclusive rate, i.e. basic rate, cost of living allowance and cash value of concessions.
117
The Government may fix the minimum rates of wages either by the hour, by the day, by the month
or by such wage period as may be prescribed.

The minimum wage rate may be fixed at


a) Time rate,


b) Piece rate,


c) Guaranteed time rate and


d) Overtime rate.


The Act provides that different minimum wage rate may be fixed for


a) Different scheduled employments,


b) Different works in the same employment,


c) Adult, adolescent and children,


d) Different locations or


e) Male and Female.


Also, such minimum wage may be fixed by


a) An hour,


b) Day,


c) Month, or


d) Any other period as may be prescribed by the notified authority.


Norms for fixing minimum wage:


Three consumption units per earner,

Minimum food requirement of 2700 calories per average Indian adult,

Cloth requirement of 72 yards per annum per family,
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Rent corresponding to the minimum area provided under the government's Industrial
Housing Scheme and
Fuel, lighting and other miscellaneous items of expenditure to constitute 20 per cent of the

total minimum wage

Fuel, lighting and other miscellaneous items of expenditure to constitute 20% of the total
Minimum Wages,
Children education, medical requirement, minimum recreation including
festivals/ceremonies and provision for old age, marriage etc. should further constitute 25%
of the total minimum wage.

Cost of Living Allowance:


The minimum basic wages fixed are linked to consumer price index as a counter measure against
inflation. The cost of living is set twice in a year. The Commissioner of Labour notifies the rate 1
st
of
April and 1
st
of October. The rates are fixed on the basis of the average rise in the State industrial
workers consumer price index numbers for half year ending December and June respectively.

Variable Dearness Allowance:


Dearness Allowance is payable to monthly, daily and piece rate earners. Every six months the
respective State Governments issues the Cost of Living Index number for each and every scheduled
employment.

For checking the minimum wage rate log on to
http://www.paycheck.in/main/officialminimumwages. It gives state wise updated minimum wage
rate with their effective date.



4n. LAWS RELATED TO CHILD LABOUR


Background


The problem of child labour continues to pose a challenge before the nation. Government has been
taking various proactive measures to tackle this problem. Way back in 1979, Government formed
the first committee called Gurupadswamy Committee to study the issue of child labour and to
suggest measures to tackle it. The Committee made some farreaching recommendations. It
observed that as long as poverty continued, it would be difficult to totally eliminate child labour and
119
hence, any attempt to abolish it through legal recourse would not be a practical proposition. The
Committee felt that in the circumstances, the only alternative left was to ban child labour in
hazardous areas and to regulate and ameliorate the conditions of work in other areas. It
recommended that a multiple policy approach was required in dealing with the problems of working
children.

Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition &
Regulation) Act was enacted in 1986. The Act prohibits employment of children in certain specified
hazardous occupations and processes and regulates the working conditions in others. The list of
hazardous occupations and processes is progressively being expanded on the recommendation of
Child Labour Technical Advisory Committee constituted under the Act.

In consonance with the above approach, a National Policy on Child Labour was formulated in
1987. The Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of
children working in hazardous occupations & processes in the first instance. The Action Plan outlined
in the Policy for tackling this problem is as follows:

o Legislative Action Plan for strict enforcement of Child Labour Act and other labour
laws to ensure that children are not employed in hazardous employments, and that
the working conditions of children working in nonhazardous areas are regulated in
accordance with the provisions of the Child Labour Act. It also entails further
identification of additional occupations and processes, which are detrimental to
the health and safety of the children.


o Focusing of General Developmental Programmes for Benefiting Child Labour

As poverty is the root cause of child labour, the action plan emphasizes the need to
cover these children and their families also under various poverty alleviation and
employment generation schemes of the Government.


o Project Based Plan of Action envisages starting of projects in areas of high
concentration of child labour. Pursuant to this, in 1988, the National Child Labour
Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity
in the country. The Scheme envisages running of special schools for child labour
withdrawn from work. In the special schools, these children are provided
formal/nonformal education along with vocational training, a stipend of Rs.100
120
per month, supplementary nutrition and regular health check ups so as to prepare
them to join regular mainstream schools. Under the Scheme, funds are given to the
District Collectors for running special schools for child labour. Most of these
schools are run by the NGOs in the district.

Commission for protection of rights


The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the
Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). The
Commission's Mandate is to ensure that all Laws, Policies, Programmes, and Administrative
Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of
India and also the UN Convention on the Rights of the Child. The Child is defined as a person in the 0
to 18 years age group.

The Commission visualises a rightsbased perspective flowing into National Policies and
Programmes, along with nuanced responses at the State, District and Block levels, taking care of
specificities and strengths of each region. In order to touch every child, it seeks a deeper penetration
to communities and households and expects that the ground experiences inform the support the
field receives from all the authorities at the higher level. Thus the Commission sees an indispensable
role for the State, sound institutionbuilding processes, respect for decentralization at the level of
the local bodies at the community level and larger societal concern for children and their wellbeing.

Website: http://ncpcr.gov.in/index.htm


CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 & THE CHILD LABOUR (PROHIBITION
AND REGULATION) RULES, 1988

The Child Labour (Prohibition & Regulation) Act, 1986 was enacted to prohibit the engagement of
children below the age of fourteen years in factories, mines and hazardous employments and to
regulate their conditions of work in certain other employments. According to the Act, no child shall
be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in
any workshop wherein any of the processes set forth in Part B of the Schedule is carried on,
provided that nothing in this Act shall apply to any workshop wherein any process is carried on by
the occupier with the aid of his family or to any school established by, or receiving assistance or
recognition from the Government. Also, the Central Government may, by notification in the official
121
Gazette, constitute 'the Child Labour Technical Advisory Committee' to advise the Central
Government for the purpose of additions of occupations and processes to the Schedule of the Act.

The provisions of the Act in a nutshell


No child shall be required or permitted to work in any establishment in excess of such
number of hours, as may be prescribed for such establishment or class of establishments.
The period of work on each day shall be so fixed that no period shall exceed three hours and
that no child shall work for more than three hours before he has had an interval for rest for
at least one hour.

No child shall be required or permitted to work overtime. No child shall be required or
permitted to work in, any establishment on any day on which he has already been working
in another establishment.

Every child employed in an establishment shall be allowed in each week, a holiday of one
whole day, which day shall be specified by the occupier in a notice permanently exhibited in
a conspicuous place in the establishment and the day so specified shall not be altered by the
occupier more than once in three months.

Every occupier shall maintain, in respect of children employed or permitted to work in any
establishment, a register to be available for inspection by an Inspector at all times during
working hours or when work is being carried on in any such establishment showing: (i) the
name and date of birth of every child so employed or permitted to work; (ii) hours and
periods of work of any such child and the intervals of rest to which he is entitled; (iii) the
nature of work of any such child; and (iv) such other particulars as may be prescribed.

The appropriate Government may, by notification in the official Gazette, make rules for the
health and safety of the children employed or permitted to work in any establishment or
class of establishments.

Whoever employs any child or permits any child to work in contravention of the provisions
of this Act shall be punishable with imprisonment or with fine or with both.

Any person, police officer or inspector may file a complaint of the commission of an offence
under this Act in any Court of competent jurisdiction. No Court inferior to that of a
Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.
122
Maintenance of registers (section 11) Every occupier in whose establishment children are
employed or permitted to work will maintain a register in form A which will be available for
inspection by an Inspector at all times during working hours or when work is being carried on in any
such establishment showing

a. the name and date of birth of every child so employed or permitted to work;


b. hours and periods of work of any such child and the intervals of rest to which he is
entitled;

c. the nature of work of any such child; and


d. such other particulars as may be prescribed




Form B certificate of age


(1) All young persons in employment in any of the occupations stated in Part A of the Schedule or in
any workshop wherein any of the processes set forth in Part B of the Schedule is carried on, shall
produce a certificate of age from the appropriate medical authority, whenever required to do so by
an Inspector.

(2) The certificate of age referred to in subrule (1) shall be issued in Form B.


(3) The charges payable to the medical authority for the issue of such certificate shall be the
same as prescribed by the State Government or the Central Government, as the case may be for
their respective Medical Boards.

(4) The charges payable to the medical authority shall be borne by the employer of the young
person whose age is under question.

Authority under the act


Appointment of Inspectors The appropriate Government may appoint inspectors for the purposes
of securing compliance with the provisions of this Act and any inspector so appointed shall be
deemed to be a public servant within the meaning of the Indian Penal Code [ Section 17].
123
Penalty


1. Section 3 of the Act states the prohibited occupations and processes, Whoever employs any
child or permits any child to work in contravention of the provisions of Sec. 3 shall be
punishable with imprisonment for a term which shall not be less than, three months but
which may extend to one year or with fine which shall not be less than ten thousand
rupees but which may extend to twenty thousand rupees or with both.
2. Repeat offence under section 3 is punishable with imprisonment for a term which shall not

be less than six months but which may extend to two years.

3. Whoever

a. fails to give notice as required by Sec. 9, or

b. fails to maintain a register as required by Sec. 11 or makes any false entry in any
such register; or
c. fails to display a notice containing an abstract of Sec. 3 and this section as required
by Sec. 12; or
d. fails to comply with or contravenes any other provisions of this Act or the rules
made there under, shall be punishable with simple imprisonment which may
extend to one month or with fine which may extend to ten thousand rupees or
with both.



Other major provisions:
Hours and Period of Work:
No child shall be required or permitted to work in any establishment in excess of such number of

hours, as may be prescribed for such establishment or class of establishments.



The period of work on each day shall be so fixed with no period exceeding three hours and no child
shall work for more than three hours before he has had an interval for rest for at least one hour.
The period of work of a child shall be so arranged that inclusive of his interval for rest, it shall not be
spread over more than six hours, including the time spent in waiting for work on any day.


No child shall be permitted or required to work between 7 p.m. and 8 a.m. and no child shall be
required or permitted to work overtime. No child shall be required or permitted to work in, any
establishment on any day on which he has already been working in another establishment.
124

Weekly Holidays:


Every child employed in an establishment shall be allowed in each week, a holiday of one whole day,
which day shall be specified by the occupier in a notice permanently exhibited in a conspicuous place
in the establishment and the day so specified shall not be altered by the occupier more than once in
three months.

Prohibition of Employment of Children in Certain Occupations and Processes


No child shall be employed or permitted to work in any of the occupations stated in Part A of the
Schedule or in any workshop where the processes mentioned in Part B of the Schedule is carried on.
however, this prohibition is not applicable to any workshop where any process is carried on by the
occupier with the aid of his family or to any school established by, or receiving assistance or
recognition from, Government.[Section 3]

Prohibited occupations as per PART A


Any occupation concerned with:


1. Transport of passengers, goods or mails by railways;

2. Cinder picking, clearing of an ash pit or building operation in the railway premises;

3. Work in a catering establishment at a railway station, involving the movement of a
vendor or any other employee of the establishment from the one platform to
another or in to or out of a moving train;
4. Work relating to the construction of a railway station or with any other work where
such work is done in close proximity to or between the railway lines;
5. A port authority within the limits of any port;

6. Work relating to selling of crackers and fireworks in shops with temporary licenses;

7. Abattoirs/Slaughter House;

8. Automobile workshops and garages;


9. Foundries;

10. Handling of toxic or inflammable substances or explosives;

11. Handloom and power loom industry;

12. Mines (underground and under water) and collieries;

13. Plastic units and fiberglass workshops;
125
Prohibited processes as per PART B


1. Beedimaking.

2. Carpetweaving including preparatory and incidental process thereof

3. Cement manufacture, including bagging of cement.

4. Cloth printing, dyeing and weaving including processes preparatory and incidental
thereto
5. Manufacture of matches, explosives and fireworks.

6. Micacutting and splitting.

7. Shellac manufacture.

8. Soap manufacture.

9. Tanning.

10. Woolcleaning.

11. Building and construction industry including processing and polishing of granite
stones

(12) Manufacture of slate pencils (including packing).


(13) Manufacture of products from agate.


(14) Manufacturing processes using toxic metals and substances such as lead,
mercury, manganese, chromium, cadmium, benzene, pesticides and
asbestos.
(15) Hazardous processes as defined in Sec. 2 (cb) and dangerous operation as notice
in rules made under section 87 of the Factories Act, 1948

(16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948


(17) Cashew and cashewnut descaling and processing.


(18) Soldering processes in electronic industries.


(19) Aggarbatti manufacturing.
126
20. Automobile repairs and maintenance including processes incidental thereto
namely, welding, lathe work, dent beating and painting.
21. Brick kilns and Roof tiles units.

22. Cotton ginning and processing and production of hosiery goods.

23. Detergent manufacturing.

24. Fabrication workshops (ferrous and non ferrous)

25. Gem cutting and polishing.

26. Handling of chromite and manganese ores.

27. Jute textile manufacture and coir making.

28. Lime Kilns and Manufacture of Lime.

29. Lock Making.

30. Manufacturing processes having exposure to lead such as primary and secondary
smelting, welding and cutting of leadpainted metal constructions, welding of
galvanized orzinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass,
sanding or scraping of lead paint, burning of lead in enameling workshops, lead
mining, plumbing, cable making, wiring patenting, lead casting, type founding in
printing shops. Store type setting, assembling of cars, shot making and lead glass
blowing.
31. Manufacture of cement pipes, cement products and other related work.

32. Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and
other similar glass products.
33. Manufacture of dyes and dye stuff.

34. Manufacturing or handling of pesticides and insecticides.

35. Manufacturing or processing and handling of corrosive and toxic substances, metal
cleaning and photo engraving and soldering processes in electronic industry.
36. Manufacturing of burning coal and coal briquettes.

37. Manufacturing of sports goods involving exposure to synthetic materials, chemicals
and leather.
38. Moulding and processing of fiberglass and plastic.

39. Oil expelling and refinery.

40. Paper making.

41. Potteries and ceramic industry.

42. Polishing, moulding, cutting, welding and manufacturing of brass goods in all
forms.
127
43. Processes in agriculture where tractors, threshing and harvesting machines are
used and chaff cutting.
44. Saw mill all processes.

45. Sericulture processing.

46. Skinning, dyeing and processes for manufacturing of leather and leather products.

47. Stone breaking and stone crushing.

48. Tobacco processing including manufacturing of tobacco, tobacco paste and
handling of tobacco in any form.
49. Tyre making, repairing, retreading and graphite benefication.

50. Utensils making, polishing and metal buffing.

51. Zari making (all processes).


(52) Electroplating;


53. Graphite powdering and incidental processing;

54. Grinding or glazing of metals;

55. Diamond cutting and polishing;

56. Extraction of slate from mines;

57. Rag picking and scavenging.





Ban on employment of children


Ban on employment of children as domestic servants or in dhabas (roadside eateries), restaurants,
hotels, motels, teashops, resorts, spas or in other recreational centers is now in force from 10
th
October 2006 under the Child Labour (Prohibition & Regulation) Act, 1986. The Union Ministry of
Labour had earlier issued a notification giving threemonth mandatory notice. The Ministry has
warned that anyone employing children in these categories would be liable to prosecution and other
penal action under the Act.

Rehabilitating Children


The Labour Ministry has sought necessary support from the State Governments in enforcing the ban
on employment of children as domestic servants and also in eateries etc. In a letter to the Chief
Ministers, the Minister for Labour and Employment has also sought their support in rehabilitating
128
children withdrawn from work due to this ban. The Ministry is holding zonal level meetings to
sensitize the concerned state level officials, civil society organisations, NGOs and other stakeholders.

The Secretary, Labour and Employment, has also written to his counterparts in several Central
Government Ministries requesting them for infrastructure support by the concerned departments
towards rehabilitation of the released children from work and their families as an immediate
objective. He has also urged them to make specific provisions in the schemes of their Ministries for
working children and their families as a long term measure. The Secretaries who have been
approached include those from the Ministries of Women and Child Development, Human Resource
Development, Rural Development, Urban Development and Poverty Alleviation, Social Justice and
Empowerment. The views and cooperation of industrial associations and NGOs are also sought in
providing necessary support towards rehabilitation as a consequence of ban. Government servants
have already been prohibited from employing children as domestic servants.

Child Helpline


A toll free 24hour telephone help line 1098 for children in distress can be accessed in 72 cities of
the country. This number can be available by any child or concerned adult on his or her behalf. This
helpline, easily remembered in Hindi as Dus, Nau, Aath, is presently working in the following 72
cities:

Agartala, Aurangabad, Chennai, Guwahati, Kanchipuram, Kozhikode, Nadia, Pune, South 24
Paraganas, Varanasi, Shimla, Ahmedabad, Bangalore, Coimbatore, Hyderabad, Kanyakumari, Kutch,
Nagapattinam, Puri, Thiruvananthapuram, Vijayawada, Ludhiana, Ahmednagar, Baroda, Cuddalore,
Imphal, Karaikal, Lucknow, Nagpur, Rourkela, Thirunelveli, Vishakhapatnam, Akola, Bhopal, Delhi,
Indore, Kochi, Mangalore, Nasik, Ranchi, Thrissur, Waynad, Allahabad, Bhubaneshwar, East
Midanapore Jammu, Kolkata, Madurai, New Jalpaiguri, Salem, Tiruchirapalli, West Midnapore,
Alwar, Chandigarh, Goa, Jaipur, Kollam, Mumbai, Patna, Shillong, Udaipur, Agra, Amarawati,
Cuddalore, Gorakhpur, Kalyan, Kota, Murshidabad Port Blair, Sholapur, Ujjain and Gurgaon.

National Child Labour Project (NCLP)


The ban is expected to go a long way in ameliorating the condition of hapless working children. The
Labour Ministry is also contemplating to strengthen and expand its rehabilitative Scheme of National
Child Labour Project (NCLP), which already covers 250 child labour endemic districts in the country.
129
4o. THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970


This legislation regulates the employment of contract labourers in establishments and by
contractors. The Rules for implementing the provisions of the Act vary from state to state.

Applicability of the Act


An establishment which engages 20 or more persons or engaged on any day of the preceding 12
months as contract labourers come under the purview of the legislation. The legislation is also
applicable to contractors who employ workmen as contract labourers, or who employed on any day
of the preceding 12 months.

Authorities under the Act


i. Registering officer of the area The Registering Officer of the area is the person to whom
application shall be made for the grant of certificate of registration, for the purpose of
engaging contract labourers. Any change in the establishment shall be intimated to the
Registering officer within 30 days of change, and an amendment to the certificate shall be
made by applying to him.

ii. Licensing officer of the area The Licensing officer is the person from whom a contractor
shall obtain licence for the purpose of engaging contractors. He is entitled to make
such investigation as required in respect of the application received from a contractor.
(Section 12)

iii. Inspectors Under Section 28 Inspectors shall be appointed for a particular area the local
limits for which shall be defined. He has the power to enter at all reasonable hours any place
where contract labour takes place, for the purpose of verifying registers, records or notices,
to examine persons, to collect information, to seize or take copies of registers, records of
wages, or notices, and to exercise such other powers as is prescribed.




Important definitions


"Contractor" : with relation to an establishment a contractor is a person who undertakes to do some
work for the establishment through contract labour, not being a mere supply of goods or articles of
manufacture to the establishment or one who supplies contract labour for any work of the
establishment and includes a subcontractor.
130
"Principal employer: in a factory is the owner or occupier of the factory and where a person has
been named as the manager of the factories under the Factories Act, 1948, such person is the
principal employer. In any other establishment any person responsible for the supervision and
control of the establishment.

"Workman" means any person employed in or in connection with the work of any establishment to
do any skilled, semiskilled, or unskilled manual, supervisory, technical or clerical work for hire or
reward whether the terms of employment be empress or implied but does not include any person :
(1) who is employed mainly in a managerial or administrative capacity, (2) who, being employed in a

supervisory capacity draws wages exceeding Rs.500/ per month or exercises either by virtue of
powers vested on him or by the nature of the duties attached to the office functions which are of
managerial nature or (3) who is an outworker to whom any article or materials are given out by or
on behalf of the principal employer for being processed.

Important provisions of the Contract Labour Act, 1971

Registration of principal employer


The Principal employer has to file an application for registration, to the Registering Officer. The
application must be made in triplicate, accompanied by treasury receipt showing the payment of
fees. The Registering Officer will register the Company and issue a Certificate of Registration. If the
Company fails to obtain Certificate of Registration, the position would be that the workmen
employed by the Contractors would be deemed to be employed by the Company, which is the
Principal Employer.

Licensing of contractors


The Principal employer should engage workmen only through licensed contractors. The Principal
employer should therefore ensure that the Contractors engaged by it for various services, hold a
licence issued under the Act.

Responsibility for payment of wages


The Principal employer must nominate a representative to be present at the time of disbursement of
wages by the contractor and such representative must certify the amounts paid as wages to the
contract labourers.

Facilities to be provided to contract labourers
131
The following facilities should be provided to the contract labourers if the contractors do not provide
it:

1) Rest rooms


2) Canteen


3) Latrines and urinals


4) Drinking water


5) First aid facilities


Submission of returns


The Principal employer should file a return within 15 days of the commencement or completion of
each contract work under each contractor. The Principal employer has to file Annual Return in
duplicate to the Registering Officer before the 15th of February every year containing details of the
contractors engaged in the previous year.

The contractor should file half yearly returns in duplicate within 30 days from the close of the half
year, which in this case is a period of 6 months commencing from the 1st of January and the 1st of
July every year, to the Licensing Officer.

Maintenance of records


The Principal employer should maintain a register of contractors. The contractors should maintain
the following registers:

1) Register of persons employed.


2) Muster roll


3) Register of wages


4) Register of deductions for damage or loss


5) Register of fines


6) Register of advances


7) Register of overtime


Displays
132
Notice showing the place and time of disbursement of wages, rate of wages, hours of work, wage
period, dates of payment of wages, name and addresses of the Inspector having jurisdiction and
date of payment of unpaid wages should be displayed in the premises in the local language
understood by majority of the contract labourers.

4p. MATERNITY BENEFIT ACT, 1961


Motherhood is a very special experience in a womans life. A woman needs to be able to give quality
time to her child without having to worry about whether she will lose her job and her source of
income. That is where the concept of maternity leave and the benefits it entails, comes in handy.
The Maternity Benefits Act, 1961, gives her the assurance that her rights will be looked after while
she is at home to care for her child.

The object of the Act is to regulate the employment of women in certain establishments for certain
periods before and after childbirth and to provide for maternity benefits and certain other benefits.
Applicability of the Act

This act applies to women who work in factories, mines, plantations, circus industry, shops and
establishment with more than 10 employees. It does not apply to employees covered by the
Employees State Insurance Act, 1948. It can be extended to other establishments by the State
Governments.

Important definitions under the Act


"Child" includes a stillborn child. (Sec.3(b))
"Delivery" means the birth of a child. (Sec.3(c))
"Employer" means (i) in relation to an establishment which is under the control of the
Government, a person or authority appointed by the Government for the supervision and control of
employees or where no person or authority is so appointed, the head of the department;

(ii) in relation to an establishment under any local authority, the person appointed by such authority
for the supervision and control of employees or where no person is so appointed, the chief executive
officer of the local authority;

(iii) in any other case, the person who, or the authority which, has the ultimate control over the
affairs of the establishment and where the said affairs are entrusted to any other person whether
called a manager, managing director, managing agent, or by any other name, such person. (Sec.3(d))
133
"Establishment" means


(i) a factory;


(ii) a mine;


(iii) a plantation;


(iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic
and other performances;

(iva) a shop or establishment; or]


(v) an establishment to which the provisions of this Act have been declared under sub
section (1) of section 2 to be applicable. (Sec.3(e))

"Miscarriage" means the expulsion of the contents of a pregnant uterus at any period prior to or
during the twentysixth week of pregnancy but does not include any miscarriage, the cause of which
is punishable under the Indian Penal Code, 1860. (Sec.3(j))

"Wages" means remuneration paid or payable in cash to a woman and includes dearness and house
rent allowance, incentive bonus and the money value of the concessional supply of food grains and
other articles. It does include any other kind of bonus, overtime earnings, any contribution towards
the pension fund or provident fund and any gratuity payable on the termination of service. (Sec.3(n))

Persons entitled to maternity benefit


Every woman is entitled to the payment of maternity benefit at the rate of the average daily wage
for the period of her actual absence immediately preceding and including the day of her delivery and
for the six weeks immediately following that day.

The average daily wage is calculated on the basis of the amount payable to her for the days on which
she has worked during the period of three calendar months immediately preceding the date from
which she has absented herself on account of maternity, or one rupee a day, whichever is higher.

To be eligible for maternity benefit, a woman should have worked in an establishment for not less
than 160 days in the twelve months immediately prior to the date of her expected delivery.

The maximum period for which any woman can be entitled to maternity benefit is twelve weeks.



This includes six weeks up to and including the day of her delivery and six weeks immediately
134
following that day. If a woman dies during this period, the maternity benefit will be payable only for
the days up to and including the day of her death. However, if she delivers a child and dies during
the delivery or during the period of six weeks following the delivery, the employer will be liable for
the maternity benefits of the entire period of six weeks immediately following the day of her
delivery. If the child dies during this period, the liability will be only up to and including the day of
the death of the child.

In case the woman dies before receiving the benefit, the amount must be paid to her nominee or
legal representative.

In the event of a miscarriage, the woman must produce relevant proof that she has suffered a
miscarriage. This will entitle her to receive leave with wages at the rate of the maternity benefit, for
a period of six weeks immediately following the date of the miscarriage.
Women who are ill on account of pregnancy, delivery, premature birth of a child or a miscarriage are
also entitled to a period of absence or to leave with wages at the rate of maternity benefit for a
maximum period of one month. However, they must submit proof of their illness.

Notice of claim for maternity benefit


A pregnant woman is required to give her employer a notice in writing, stating that the maternity
benefit that she is entitled to should be given to her or any person nominated by her and that she
will not be working during the period in which she receives the benefit. This notice should start from
the date when she was absent from work, provided that date is not earlier than six weeks from the
date of her expected delivery. This notice can also be given soon after the delivery.

On receiving the notice, the employer is bound to permit the woman to absent herself from work
until the expiry of six weeks after the delivery. In case a woman fails to give notice, this does not
disentitle her from claiming maternity benefit. The employer is still liable to pay her the amount due
to her.

Dismissal during absence on account of pregnancy


When a woman absents herself from work on account of illness during pregnancy, she may not be
discharged or dismissed by her employer or issued notice for dismissal. It is equally unlawful for the
employer to alter any of the conditions of her service to her disadvantage.

If she is discharged or dismissed from service, she should still be entitled to receiving maternity
benefit or medical bonus. She cannot be deprived of these.
135
The woman can be dismissed only if she is guilty of gross misconduct. In this case, the employer is
well within his rights to deprive her of the maternity benefit or medical bonus.


A woman who has been deprived of maternity benefit or medical bonus may, within sixty days from
the date on which the order was communicated to her, appeal to the relevant authority. This
authority has the final say on whether the woman should or should not be deprived of these
benefits.

If a woman continues to report to work during the period when she is entitled to maternity benefit,
she forfeits her claim to the maternity benefit for the period. However, individual companies may
allow the woman to take her leave as late as possible so that she may have more time to nurse the
baby later on.

Punishment under the Act


An employer who violates the provisions of the Maternity Benefits Act can be punishable with
imprisonment up to three months or with fine up to five hundred rupees or both. Besides, if the
violation is related to the nonpayment of maternity benefit or any other amount, the court can
recover this amount as if it is a fine and pay it to the aggrieved person.

5. CHECKLIST OF LABOUR LAW COMPLIANCE


Statutory compliance under various labour laws has to be ensured by establishments. It is not just
limited to the statutory deposits, returns and records to be maintained by the employer under
various labour laws, but also to represent them in case of prosecution under various statutes. Hence,
it hardly needs to be emphasized that the labour related laws cast an obligation on the employer for
meticulous, impeccable and timely compliances. In the event of violation or delay in complying with
the statutory requirements, the consequences in terms of levy of damages, prosecution is inevitable.

A specimen checklist to check compliance of labour laws is given hereunder.
A detailed checklist to check compliance of labour laws is given hereunder.
Legislation Objective & Applicability Compliance requirements
Apprentices Act , 1961 This Act provides for the regulation
and control of training of
apprentices, and to supplement the
availability of trained technical
Appointment of apprentices if
the company falls under the
notified industry.
136

employees for the industry. The Act
requires employers to hire
apprentices in certain designated
trades as notified by the
Government.
Submission of returns
as stipulated
under the Act.

Maintenance of registers as
required under the Act.
Contract Labour
(Regulation &
Abolition) Act , 1970
and Rules
This Act regulates the employment
of Contract Labour in certain
establishments and provides for its
abolition in certain circumstances. It
applies to every establishment or
contractor wherein 20 or more
workmen are or were employed on
any day of the preceding 12 months
as contract labour.
Working conditions of
workmen.

Adequate facilities like
drinking water, canteen etc
for workmen.

Adequate facilities for women
workers also.

Maintenance of registers as
required under the Act.

Submission of returns.
Employee State
Insurance Act , 1948
This Act provides for the provision of
benefits to employees in case of
sickness, maternity and employment
injury. All employees including
casual, temporary or contract
employees drawing wages less than
Rs 10000 per month are covered.
Remittance of contribution
every month.

Maintenance of registers.


Submission of returns as per
the provisions of the Act.
Employee's Provident
Fund and
Miscellaneous
Provisions Act , 1952
The PF Act provides for the
compulsory institution of
contributory provident funds,
pension funds and deposit linked
insurance funds for employees. This
Act applies to industries specified in
Schedule I employing 20 or more
persons and any other class of
Payment of contribution every
month.

Maintenance of registers.


Submission of returns as per
the provisions of the Act.
137

establishments employing 20 or
more persons notified by the
Government.

Employment Exchanges
(Compulsory
Notification of
Vacancies) Act , 1959
The Employment Exchanges Act aims
to provide for compulsory
notification of vacancies to
employment exchanges. It applies to
all establishments in the public
sector and to establishments in the
private sector ordinarily employing
more than 25 employees.
Intimation of vacancy to the
local employment exchange
when vacancy arises.

Submission of returns.
Equal Remuneration
Act , 1976
This Act provides for payment of
equal remuneration to men and
women workers, for the same work
and prevents discrimination on the
grounds of sex against women in the
matter of employment, recruitment
and for matters connected therewith
or incidental thereto. This Act is
applicable to almost every kind of
establishments.
No discrimination with regard
to payment for the same work
done by men and women
workers.

Maintenance of register.
Factories Act , 1948 The Factories Act provides for the
health, safety, welfare, service
conditions and other aspects of
workers in factories. It applies to all
factories employing more than 10
people and working with the aid of
power or employing 20 people and
working without the aid of power. It
covers all workers employed in the
factory premises or precincts directly
or through an agency including a
contractor, involved in any
Licensing and renewal of
licence under the Act.

Provision of adequate safety
measures within the factory
premises.

Provision of adequate welfare
measures like creche, canteen,
wash room etc for the
workers.

Payment of wages as per the
138

manufacture. Some provisions of the
Act will vary according to the nature
of work of the establishment.
provisions of the Act.


Payment of overtime wages.


Maintenance of registers.


Submission of returns.
Industrial Disputes Act ,
1947
The objective of the Industrial
Disputes Act is to secure industrial
peace and harmony by providing
machinery and procedure for the
investigation and settlement of
industrial disputes by negotiations.
This Act applies to every industrial
establishment carrying on any
business, trade, manufacture or
distribution of goods and services
irrespective of the number of
workmen employed therein. Every
person employed in an
establishment for hire or reward
including contract labour,
apprentices and part time employees
to do any manual, clerical, skilled,
unskilled, technical, operational or
supervisory work, is covered by the
Act.
Prevention of unfair labour
practices.

Prior permission of
appropriate Government /
concerned labour authority for
laying off or retrenching the
workers or closing down the
industrial establishment.

Payment of compensation to
workers on account of closure
or lay off or retrenchment.
Industrial Employment
and Standing Orders
Act , 1946
The Standing Orders Act requires
employers to clearly define and
publish standing orders (service
rules) and to make them known to
the workmen employed by them.
It applies to every industrial
establishment where 100 or more
Formulation of service rules
and obtain its approval from
the concerned Labour
authority.

Display of standing orders in a
prominent place for the
139

workmen are/were employed on any
day of the preceding 12 months.
knowledge of workers.
Maternity Benefit Act ,
1961
The Maternity Benefit Act aims to
regulate the employment of women
in certain establishments for certain
periods before and after childbirth
and to provide for maternity benefits
including maternity leave, wages,
bonus, nursing breaks etc.
It is applicable to every factory, mine
or plantation including those
belonging to Government,
irrespective of the number of
employees, and to every shop or
establishment wherein 10 or more
persons are employed or were
employed on any day of the
preceding 12 months.
Grant of leave along with
payment of wages after
child birth or any other
maternity related problems
like abortion etc.

Submission of returns.
Minimum Wages Act ,
1948
This Act was formulated to provide
for fixing minimum rates of wages in
certain employments. It applies to all
establishments employing one or
more persons and engaged in any of
the scheduled employments.
Provision of minimum rate of
wages as prescribed by the
government.

Maintenance of registers as
prescribed under the Act.

Submission of returns.
Payment of Bonus Act ,
1965
The object of the Payment of Bonus
Act is to provide for the payment of
bonus (linked with profit or
productivity) to persons employed in
certain establishments and matters
connected therewith. This Act is
applicable to every factory and to
Payment of bonus in
accordance with the
provisions of the Act.

Submission of returns.
140

every establishment wherein 20 or
more workers are employed on any
day during an accounting year.

Payment of Gratuity
Act , 1972
The Act provides for a scheme for
the payment of gratuity to
employees engaged in factories,
mines, oilfields, plantations, ports,
railway companies, shops or other
establishments.
The Act enforces the payment of
'gratuity', a reward for long service,
as a statutory retiral benefit. Every
employee irrespective of his wages is
entitled to receive gratuity if he has
rendered continuous service of 5
years or more than 5 years.
Payment of gratuity to
employees leaving the
establishment after
completion of 5 years.

Notice of opening to
concerned labour authority.

Displays required under
the Act.

Maintenance of registers of
allocable surplus, bonus etc.

Submission of annual returns.
Payment of Wages Act,
1936
The Act ensures payment of wages in
a particular form at regular intervals
without unauthorised deductions. It
is applicable to any factory, any
railway establishment and any
industrial or other establishment like
tramway service, motor transport
service, air, oilfied, plantation,
workshop, or other establishment
producing, adapting or
manufacturing any article,
establishments engaged in
construction, development and
maintenance of buildings, roads,
bridges or canals, navigation,
irrigation or water
supply,transmission, generation and
Payment of wages without any
unauthorised deductions.

Maintenance of registers of
fines, deductions, advance,
wages etc.

Displays as per the provisions
of the Act.

Submission of annual returns.
141

distribution of electricity/power and
any other establishment notified by
the Central or a State Government.

The Indian Boilers Act ,
1923
The Act aims to regulate the
licencing and use of boilers in the
Industry. It applies to all
establishments using a boiler.
Licensing of boilers


Adequate safety precautions


Appointment of trained
personnel to handle the
boilers.

Maintenance of registers as
per the provisions of the Act.
The Weekly Holidays
Act , 1942
The Weekly Holidays Act provides for
grant of weekly holidays to persons
employed in shops, restaurants and
theatres.
Provision of weekly holidays.
Trade Unions Act , 1926 This Act provides for registration of
trade unions (including association of
employers) with a view to render
lawful organisation of labour to
enable collective bargaining. The act
also confers certain protection and
privileges on a registered trade
union. It applies to all kinds of unions
of workers and associations of
employers which aim at regularising
labourmanagement relations.
Registration of trade unions in
accordance with the provisions
of the Act.
Workmens
Compensation Act ,
1923
The act aims to provide workmen
and their dependents, compensatory
payment, in case of accidents arising
out of and in course of employment
and causing either death or
Provision of compensation in
case of accident.

Submission of returns as
stipulated under the Act.
142

disablement of workmen.

The act applies to factories, mines,
docks, construction establishments,
plantations, oilfields and other
establishments listed in Schedule II
and III of the act but excludes
establishments covered by the ESI
Act.






To facilitate daytoday functioning, a sample checklist of periodic Returns and Informations to be
filed with the concerned authority, which could be effectively followed to ensure compliance of
various employment laws, is given below.

Monthwise
Month Legislation Form Return Authority
January Employment
Exchanges
(Compulsory
Notification of
Vacancies) Act ,
1959
ER I Quarterly return Local Employment
Exchange
January The Factories act,
1948
Vary according to
State Rules
Annual return Chief Inspector of
Factories
February The Minimum
Wages Act, 1948
Form III Annual return Regional labour
inspector
July Employment
Exchanges
(Compulsory
Notification of
ER I Quarterly return
for quarter ended
June
Local Employment
Exchange
143

Vacancies) Act ,
1959

December Payment of Bonus
Act, 1965 and
Rules
Form D Annual Return Regional labour
inspector



Every month
Legislation Form Compliance Authority
Employee State
Insurance Act , 1948
Challans Remittance of
contributions
Regional ESI office
Employee's Provident
Fund and
Miscellaneous
Provisions Act , 1952
Challans Remittance of
contributions
Regional ESI office
Employee's Provident
Fund and
Miscellaneous
Provisions Act , 1952
Returns Return of employees
joining and leaving
the organisation.
Regional PF office



On occurences
Date Legislation Form Compliance Authority
Within 15 days Contract Labour
(Regulation &
Abolition) Act ,
1970 and Rules
Form VIB Commencement
and/or
completion of
each contract
Concerned
Labour Inspector
of the region
Immediately in
case of death and
within 48 hours in
Employee State
Insurance Act ,
Form 16 Report of accident Regional ESI
office
144

case of accident 1948
Within 30 days of
applicability of
Act
Payment of
Gratuity Act, 1972
Form A Notice of opening Regional Labour
authority













6. UNFAIR LABOUR PRACTICES


According to Sec.2 (ra) of the Industrial Disputes Act, 1947, unfair labour practices refer to any of
the practices specified in the Fifth Schedule to the Industrial Disputes Act, 1947.


According to Section 25T of the Industrial Disputes Act, 1947 no employer or workman or a trade
union, whether registered under the Trade Unions Act, 1926 or not, shall commit any unfair labour
practice.


Fifth Schedule to the Industrial Disputes Act, 1947 provides a list as to what constitutes an unfair
labour practices:


Unfair labour practices on the part of employers and trade union of employers


1. To interfere with, restrain from or coerce workmen in the exercise of their rights to organize,
from, join or assist a trade union, or to engage in concerted activities for the purposes of collective
bargaining or other mutual aid or protection, i.e.

a. Threatening workmen with discharge or dismissal, if they join a trade union,

b. Threatening a lock out or closure if a trade union is organized,

c. Granting wage increase to workmen at crucial periods of the union organisation, with a
view to undermining the efforts of the trade union organization
145
2. To dominate, interfere with or contribute, support, financially or otherwise to any trade union,
that is to say:

a. An employer taking an active interest in organizing a trade union of his workmen and

b. An employer showing partiality or granting favor to one of several trade unions
attempting to organize his workmen or to its members where such a trade union is not a
recognized trade union.

3. To establish employer sponsored trade unions of workmen.


4. To encourage or discourage membership in any trade unions by discriminating against workman,
that is to say:.

a. Discharging or punishing a workman, because he urged other workmen to join or organize
a trade union.

b. Discharging or dismissing a workman for taking part in strike (not being a strike which is
deemed to be an illegal strike under this act)

c. Changing seniority rating of workmen because of trade union
activities

d. Refusing to promote workmen to hire posts on account of their trade union
activities

e. Giving unmerited promotions to certain workmen with a view to creating discord between
other workmen or to undermine the strength of their trade union
f. Discharging office bearers or active members of the trade union on account of their trade
union activities

5. To discharge or dismiss workmen


a. By way of victimization


b. Not in good faith but in the colorable exercise of the employers right


c. By falsely implicating a workman in a criminal case on false evidence or concocted
evidence
d. For patently false
reasons


e. On untrue or trumped up allegations of absence without
146
leave
147
f. In utter disregard of the principles of natural
justice.


g. For misconduct of minor or technical character, without having any regard to the nature
of the particular misconduct or the past record of service of the workman, thereby leading
to disproportionate punishment.

6. To abolish the work of a regular nature being done by workmen and to give such work to
contractors as a measure of breaking a strike.

7. To transfer a workman malafide from one place to another under the guise of following
management policy.

8. To insist upon individual workman who are on a legal strike to sign a conduct bond as a
precondition to allowing them to resume work

9. To show favoritism or partiality to one set of workers regardless of merit.


10. To employ workmen as badlis, casuals or temporaries and to continue them as such for the
years with the object of depriving them of the status and privileges of permanent workmen.

11. To discharge or discriminate against any workmen for filing charges or testifying against
employer in any enquiry or proceeding relating to any industrial dispute.

12. To recruit workmen during a strike which is not an illegal strike.


13. Failure to implement award, settlement or agreement.


14. To indulge in acts of force or violence.


15. To refuse to bargain collectively, in good faith with the recognized trade unions.


16. Proposing or continuing a lock out deemed to be illegal under this act.


If the employer of any establishment commits any of these acts then he will be liable for an offence
of unfair labour practice.


Unfair labour practices on the part of workmen and trade unions of workmen
148
1. To advise or actively support or instigate any strike deemed to be illegal under the Industrial
Disputes Act, 1947.

2. To coerce workmen in the exercise of their right to selforganization or to join a trade union or
refrain from joining any trade union, that is to say

a) For a trade union or its members to picketing in such a manner that non striking workmen
are physically debarred from entering the work places
b) To indulge in acts of force or violence or to hold out threats of intimidation in connection
with a strike against nonstriking workmen or against managerial staff.

3. For a recognized union to refuse to bargain collectively in good faith with the
employer.


1. To indulge in coercive activities against certification of bargaining representative.


2. To stage, encourage or instigate such forms of coercive actions and willful go slow,
squatting on the work premises after working hours or gherao of any of the members of
the managerial or the other staff.

3. To stage demonstrations at the residences of the employers or the managerial staff
members.

4. To incite or indulge in willful damage to employers property connected with
industry.


5. To indulge in the acts of force or violence or to hold out threats of intimidation against
any workman with a view to prevent him from attending work.

Punishment for committing unfair labour practice


According to Section 25U of the Industrial Disputes Act, 1947, any person who commits any unfair
labour practice will be punishable with imprisonment for a term which may extend to six months or
with fine which may extend to one thousand rupees or with both.




7. LABOUR LAWS IN THE UNORGANIZED SECTOR


The unorganized sector can be defined as that part of the work force that have not been able to
organize itself in pursuit of a common objective because of certain constraints such as casual nature
149
of employment, ignorance or illiteracy, superior strength of the employer singly or in combination
etc. viz. construction workers, labour employed in cottage industry, handloom/power loom workers,
sweepers and scavengers, beedi and cigar workers etc. This sector is marked by low incomes,
unstable and irregular employment, and lack of protection either from legislation or trade unions.
The unorganized sector uses mainly labour intensive and indigenous technology.


Out of 440 million workers in India, 93% of the workers are in the unorganized sector. The
contributions made by the unorganized sector to the national income, is very substantial as
compared to that of the organized sector. It adds more than 60% to the national income while the
contribution of the organised sector is almost half of that depending on the industry.


Under this category are laws like the Building and Construction Workers Act 1996, the Bonded
Labour System (Abolition) Act 1976, The Interstate Migrant Workers Act 1979, The Dock Workers Act
1986, The Plantation Labour Act 1951, The Transport Workers Act, The Beedi and Cigar Workers Act
1966, The Child Labour (Prohibition and Regulation) Act 1986, and The Mine Act 1952. Many of the
labour and employment laws apply to the unorganized sector also.


In India, only about 8% of workers actually get the benefits available under various labour Acts. The
rest 92% work in the unorganized sector, and either are not eligible for coverage, or these Acts are
just not implemented for them, with the result that these workers have insecure employments and
low incomes. They have no coverage of social security, and have to spend out of their meager
incomes for all contingencies such as illness and childrens education; in their old age they are
helpless.


This is so because the Acts as they exist today only apply to those workers who have a clear
employeremployee relationship. 50% of Indias workers are self employed like small and marginal
farmers, artisans and street vendors, many workers work for contractors or have no fixed employer
like agricultural labourers and homebased workers and also, employers have been decentralizing,
hiring contract labour and divesting themselves of responsibility, so that even organized workers are
becoming unorganized. Second, workers are not organized and hence have no bargaining power,
because of this, even when laws exist workers are too weak, too disorganized to demand them.
Third, no social security system has been devised which would meet the needs of these workers. For
example, many of these workers are migratory; others have no fixed income, and could pay at
certain times but not at others. Fourth, the laws are supposed to be implemented through the
150
Government bureaucracy which has neither the manpower nor the knowhow to reach the scattered
crores of workers.



Purpose of the Unorganized Workers Social Security Act of 2008


This Act builds a social security system for the unorganized workers. It does the following:

1. It redefines worker so as to include all types of workers, not only those who have a fixed
employer. In so doing, it brings in all the self employed workers as well as casual, contract,
home based etc.
2. It identifies each worker and gives him/her a unique social security number and social
security card.
3. It offers a variety of social security benefits to the unorganized worker. These would

include health insurance, maternity benefit and pensions. As these schemes become
successful, the trust and participation of workers builds up, and more funds come in, a
variety of different benefits can be included such as childrens education, housing, skill
building etc.
4. It binds the Central Government to providing a minimum amount of benefits and
funds.

5. It creates a structure, an architecture that works with but does not rely solely on the
Government system. It creates a participatory structure that builds on already existing civil
society, government and semigovernment organizations which have a good record.
6. It encourages the unorganized workers to organize around the social security structures
and benefits, creating a voice and space for them.



Important provisions of the Act

Unorganized Sector Worker means a person who :

1. works for wages or income; and

2. directly or through any agency or contractor or who works on his own or her own account
or is self employed; and
3. in any place of work including his or her home, field or any public place; and

4. who is not availing of benefits under the ESIC Act and the P.F Act, individual

insurance and pension schemes of LIC, private insurance companies, or other benefits as
decided by the Authority from time to time.
This includes all workers in all types of occupations including agriculture.
150


Functions of Worker Facilitation Centres


a) Registration of workers and giving them unique identification social security numbers and
identity cards.
b) Mobilization of workers to becomes members of the Scheme.

c) Securing the contribution of members to the funds

d) Delivery of benefits to the members.

e) Maintaining a database of members in such form as may be prescribed showing the details
of employment of members registered with it.


In addition, the centers may:

f. Give skill upgradation training to increase the skill of workers.

g. Maintain and provide information related to employment and marketing opportunities for
workers. Training and assisting workers to form themselves into cooperatives, unions,
federations and into any other appropriate form of organization.
h. Constitute employment exchanges for unorganized
sector.

i. Create public awareness about schemes available for
workers.

j. Collect statistics and information of workers engaged in the employments of the
unorganized sector.
k. Conduct other activities as may be
prescribed.




The Worker Facilitation Centres will be managed and run by a network of Facilitating Agencies.
These agencies will be reputed organisations of all types which work directly with unorganized
sector workers. They can include the following:
1. Self Help Groups or their Associations

2. Post
Offices

3. All types of Cooperative
societies

4. MicroFinance
Institutions

5. Trade
Unions

151
6. District
Panchayat

7. Village
Panchayat

8. Existing Welfare
Boards

9. Urban local
body
152
10. Any other organization or agency dealing directly with unorganized workers, as may be
identified by the Authority below.



Registration of workers will be through the Worker Facilitation center. Each worker will pay a
nominal sum and will obtain an unique social security card and number. The worker will then be a
member of the Welfare Fund and eligible for schemes.



The Authority may notify the schemes as under, subject to sustainability of the Fund:

i. Medical Care or sickness benefit scheme

ii. Employment injury benefit scheme

iii. Maternity benefit scheme

iv. Old age benefit including pension

v. Survivors benefit scheme

vi. Integrated Insurance Scheme

vii. Schemes for Conservation of natural resources on which workers depend for livelihood,

viii. Housing schemes

ix. Educational schemes

x. Any other schemes to enhance the quality of life of the unorganized worker or her family.




The Act will be executed through a Central Social Security Authority. The Authority will have a
Supervisory Board with representatives of Central and State Government, of unorganized workers
and of professionals. It will be run by a managing director and two directors appointed directly by
the Union Government. The authority will be responsible for managing the funds and implementing
the provisions of the Act. It will appoint the Facilitating Agencies as the implementing agencies on its
behalf.



8. WOMEN LABOUR AND THE LAW


Women are known to work on farms, in road and housing construction, and of late, in factories
manufacturing garments and electronic assembly plants. Skilled women workers also have been
working in traditional village industries either as self employed or as paid workers. In hill areas,
search for forest products including fuel wood engages a fairly large number of women. The majority
153
of women work in the unorganized sector for low wages and at low levels of skills. The number of
women workers during the last four decades has more than doubled from 40 million to 90 million.
Women constitute a significant part of the workforce in India but they lag behind men in terms of
work participation and quality of employment. According to Government sources, out of 407 million
total workforce, 90 million are women workers, largely employed (about 87 percent) in the
agricultural sector as labourers and cultivators.


Employment opportunities and wage disparity

In India, as in many developing countries, gender inequality persists in terms of women participation
in labour force, lower wages and salaries of women and access to resources. The percentage share
of female population in total population in India is around 48%, while the work participation rate of
females is only 26% as compared to 52% in males. About 24.9% of women in rural areas and about
14.8% of women in urban areas were in the workforce in India during 200405 (UNCTAD report).
In urban areas, on an average wage/salary paid to females is only 75% of that paid to males, while in
rural areas females are paid 58% of what is paid to the males. This wage disparity differs across
sectors and education levels.


Applicability of Labour laws for women

In addition to the Maternity Benefit Act, 1961 almost all the major central labour laws are applicable
to women workers. The Equal Remuneration Act was passed in 1976, providing for the payment of
equal remuneration to men and women workers for same or similar nature of work. Under this law,
no discrimination is permissible in recruitment and service conditions except where employment of
women is prohibited or restricted by the law. The situation regarding enforcement of the provisions
of this law is regularly monitored by the Central Ministry of Labour and the Central Advisory
Committee. In respect of occupational hazards concerning the safety of women at workplaces, in
1997 the Supreme Court of India in the case of Vishakha Vs. State of Rajasthan [(1997) 6 SCC 241]
held that sexual harassment of working women amounts to violation of rights of gender equality. As
a logical consequence it also amounts to violation of the right to practice any profession, occupation,
and trade. The judgment also laid down the definition of sexual harassment, the preventive steps,
the complaint mechanism, and the need for creating awareness of the rights of women workers.
Implementation of these guidelines has already begun by employers by amending the rules under
the Industrial Employment (Standing Orders) Act, 1946.

The Factories Act, 1948 has the following provisions of interest to women (Sections 19, 22(2), 27,
42(1)(b), 48, 66, 79(1) and 114.):
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a. The Act prohibits women from being employed in cleaning; lubricating or adjusting certain
machinery when it is in motion, if that would expose them to risk of injury. Women are also
not allowed to work in the part of a factory where a cottonopener is at work unless
certain conditions are met.
b. Suitable sanitation facilities must be provided.

c. If more than 30 women are employed, the employer must provide a free crche on the
premises for children under six years of age. State governments may make rules governing
these crches, which may include requirements to provide clothes washing and changing
facilities, childfeeding facilities and free milk and refreshments for the children.
d. Women cannot be exempted from the requirement that the maximum working day for

adults is 9 hours, and cannot work in factories between the hours of 6am and 7 pm (unless
the factory falls within a specific exemption, but in any case, not between the hours or 10
pm and 5 am.). In relation to women, there must not be a change of shifts except after a
weekly or other holiday. However, the State governments can change these requirements in
the fish curing and canning industries.
e. Periods of absence on maternity leave are included in calculating periods of service for the

purposes of annual leave.


GUIDELINES TO PREVENT SEXUAL HARASSMENT OF WORKING WOMEN


Sexual harassment is a serious criminal offense which can destroy human dignity and freedom. In an
effort to promote the well being of all woman employees at the work place the following code of
conduct has been prescribed :
1. It shall be duty of the employer to prevent or deter the commission of any act of sexual

harassment at the work place.

2. Sexual harassment will include such unwelcome sexually determined behavior by any person
either individually or in association with other persons or by any person in authority whether directly
or by implication such as :
(i) Eveteasing

(ii) Unsavoury
remarks

(iii) Jokes causing or likely to cause awkwardness or
embarrassment

(iv) Innuendos and
taunts

(v) Gender based insults or sexist
remarks

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(vi) Unwelcome sexual overtone in any manner such as over telephone (obnoxious
telephone calls) and the like
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(vii) Touching or brusing against any part of the body and the like

(viii) Displaying pornographic or other offensive or derogatory pictures, cartoons, pamphlets
or sayings.
(ix) Forcible physical touch or
molestation

(x) Physical confinement against ones will and any other act likely to violate one privacy and
includes any act or conduct by a person in authority and belonging to one sex which denies
or would deny equal opportunity in pursuit of career development or otherwise making the
environment at the work place hostile or intimidating to person belonging to the other sex,
only on the ground of sex.
Explanation : Where any comment, act or conduct is committed against any person and

such person has a reasonable apprehension that,

1. It can be humiliating and may constitute a health and safety problem, or

2. It is discriminatory, as for instance, when the woman has reasonable grounds to believe
that her objection would disadvantage her in connection with her employment or study,
including or promotion or advancement or when it creates a hostile environment, or
3. It would result in adverse consequences if she does not consent to the conduct or raises

any objection, it shall be deemed to be sexual harassment.

3. EveTeasing:

Eveteasing will include any person willfully and indecently exposing his person in such a manner as
to be seen by other employees or use indecent language or behave indecently or in a disorderly
manner in the work place. It will also include any word, gesture or act intended to insult the
modesty of a woman by making any sound or gesture or exhibit any object intending that such word
or sound shall be heard or that such gesture or object shall be seen by such women or intrudes upon
the privacy of a woman employee.
4. Sexual harassment of an employee means use of authority by any person in charge of the
management or any person employed by it to exploit the sexuality or sexual identity of a
subordinate employee to harass her in a manner which prevents or impairs the employees full
utilization of employment benefits or opportunities. It also includes behaviour that covertly or
overtly uses the power inherent in the status of the employer or the head of the institution or
management to affect negatively an employees work experience or career opportunities and/or to
threaten, coerce or intimidate an employee to accept sexual advances or making employment
decision affecting the individual or create an intimidating, hostile or offensive working environment.
5. It shall be the duty of the employer to prevent or deter the committing of any act of sexual
harassment at the work place.
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6. All employers should take appropriate steps to prevent sexual harassment of any nature. Express
prohibition of sexual harassment should be notified at the work place and also published for the
general information of the employees and evaluated in an appropriate manner periodically.
7. Appropriate working conditions should be provided in respect of work, leisure, health and hygiene
to ensure that there is no hostile environment towards women at the work place and no woman
employee should have reasonable grounds to believe that she is disadvantaged in connection with
her employment in that organisation.
8. Women employees should not be treated as sex
objects.

9. No male employee shall outrage or insult the modesty of a female employee at the work
place.

10. No male employee shall make any type of sexual advances to woman colleagues or woman
subordinates.
11. The head of the organisation shall constitute a Complaints Committee as specified in the
Judgement of the Supreme Court, i.e., the Committee should be headed by a woman and not less
than half of its members should be women. Further to prevent the possibility of any undue pressure
or influence from senior levels such Complaints Committee should involve a third party either a non
government organisation or other body who is familiar with the issue of sexual harassment.
12. Conducting enquiry by the Complaints
Committee:

(i) Any person aggrieved shall prefer a complaint before the Complaints Committee at the
earliest point of time and in any case within 15 days from the date of occurrence of the
alleged incident.
(ii) The complaint shall contain all the material and relevant details concerning the alleged
sexual harassment including the names of the contravenor and the complaint shall be
addressed to the Complaints Committee.
(iii) If the complaint feels that she cannot disclose her identity for any particular reason the
complainant shall address the complaint to the head of the organisation and hand over the
same in person or in a sealed cover. Upon receipt of such complaint the head of the
organisation shall retain the original complaint with himself and send to the Complaints
Committee a gist of the complaint containing all material and relevant details other than the
name of the complaint and other details which might disclose the identity of the
complainant.
13. The Complaints Committee shall take immediate necessary action to cause an enquiry to be
made discreetly or hold an enquiry, if necessary.
14. The Complaints Committee shall after examination of the complaint submit its recommendations
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to the head of the organisation recommending the penalty to be imposed.
159
15. The head of the organisation, upon receipt of the report from the Complaints Committee shall
after giving an opportunity of being heard to the person complained against submit the case with
the Committees recommendations to the management.
16. The Management of the Organisation shall confirm with or without modification the penalty
recommended after duly following the prescribed procedure.
17. Disciplinary
Action:

Where the conduct of an employee amounts to misconduct in employment as defined in the
relevant service rules the employer should initiate appropriate disciplinary action in accordance with
the relevant rules.
18. Workers Initiative :

Employees should be allowed to raise issues of sexual harassment at workers meeting and in other
appropriate fora and it should be affirmatively discussed in periodical employeremployee meetings.
19. Third Party
harassment:

Where sexual harassment occurs as a result of an act or omission by any third party or outsider the
employer and the persons in charge shall take all steps necessary and reasonable to assist the
affected person in terms of support and preventive action.
20. Annual
Report:

The Complaints Committee shall prepare an Annual Report giving a full account of its activities
during the previous year and forward a copy thereof to the Head of the Organisation concerned who
shall forward the same to the government department concerned with its comments.
Savings:

Nothing contained in this code shall prejudice any right available to the employee or prevent any
person from seeking any legal remedy under the National Commission for Women Act 1990,
Protection of Human Rights Commission Act 1993 or under any other law for the time being in force.
Where such conduct amounts to a specific offence under the Indian Penal Code or under any other
law, the employer shall initiate appropriate action in accordance with law by making a complaint
with the appropriate authority.
In particular, it should ensure that victims or witnesses are not victimized or discriminated against
while dealing with complaints of sexual harassment. The victims of sexual harassment should have
the option to seek transfer of the perpetrator or their own transfer.
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9. INDUSTRIAL RELATIONS


Concept of Industrial Relations


The term Industrial Relations comprises of two terms: Industry and Relations. Industry refers
to any productive activity in which an individual (or a group of individuals) is (are) engaged. By
relations we mean the relationships that exist within the industry between the employer and his
workmen. The term industrial relations explain the relationship between employees and
management which stem directly or indirectly from unionemployer relationship. Industrial relations
are the relationships between employees and employers within the organizational settings. The field
of industrial relations looks at the relationship between management and workers, particularly
groups of workers represented by a union. Industrial relations are basically the interactions between
employers, employees and the government, and the institutions and associations through which
such interactions are mediated. The term industrial relations have a broad as well as a narrow
outlook. Originally, industrial relations were broadly defined to include the relationships and
interactions between employers and employees. From this perspective, industrial relations cover all
aspects of the employment relationship, including human resource management, employee
relations, and unionmanagement (or labour) relations. Now its meaning has become more specific
and restricted. Accordingly, industrial relations pertains to the study and practice of collective
bargaining, trade unionism, and labourmanagement relations, while human resource management
is a separate, largely distinct field that deals with nonunion employment relationships and the
personnel practices and policies of employers. The relationships which arise at and out of the
workplace generally include the relationships between individual workers, the relationships between
workers and their employer, the relationships between employers, the relationships employers and
workers have with the organizations formed to promote their respective interests, and the relations
between those organizations, at all levels. Industrial relations also includes the processes through
which these relationships are expressed (such as, collective bargaining, workers participation in
decisionmaking, and grievance and dispute settlement), and the management of conflict between
employers, workers and trade unions, when it arises. The relationship between Employer and
employee or trade unions is called Industrial Relation. Harmonious relationship is necessary for both
employers and employees to safeguard the interests of the both the parties of the production. In
order to maintain good relationship with the employees, the main functions of every organization
should avoid any dispute with them or settle it as early as possible so as to ensure industrial peace
and higher productivity. Personnel management is mainly concerned with the human relation in
industry because the main theme of personnel management is to get the work done by the human
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power and it fails in its objectives if good industrial relation is maintained. In other words good
Industrial Relation means industrial peace which is necessary for better and higher productions.

Definition of Industrial Relations


1. Industrial Relation is that part of management which is concerned with the manpower of the
enterprise whether machine operator, skilled worker or manager. BETHEL, SMITH &
GROUP

2. Industrial Relation is a relation between employer and employees, employees and
employees and employees and trade unions. Industrial dispute Act 1947

3. While moving from jungle of the definitions, here, Industrial Relation is viewed as the
process by which people and their organizations interact at the place of work to establish
the terms and conditions of employment.

The Industrial Relation relations is also called as labour management, employeeemployers
relations.

Labour relations can take place on many levels, such as the "shopfloor", the regional level, and the
national level. The distribution of power amongst these levels can greatly shape the way an
economy functions.

Governments set the framework for labour relations through legislation and regulation.


Industrial relations has become one of the most delicate and complex problems of modern industrial
society. Industrial progress is impossible without cooperation of labours and harmonious
relationships. Therefore, it is in the interest of all to create and maintain good relations between
employees (labour) and employers (management).

A few notable features pertaining to Industrial Relations are as under:


1. Industrial Relation does not emerge in vacuum they are born of employment
relationship in an industrial setting. Without the existence of the two parties, i.e. labour
and management, this relationship cannot exist. It is the industry, which provides
the environment for industrial relations.

2. Industrial Relations are characterized by both conflict and cooperations. This is the
basis of adverse relationship. So the focus of Industrial Relations in on the study of the
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attitudes, relationships, practices and procedure developed by the contending parties to
resolve or at least minimize conflicts.

3. As the labour and management do not operate in isolations but are parts of large
system, so the study of Industrial Relation also includes vital environment issues like
technology of the workplace, countrys socioeconomic and political environment,
nations labour policy, attitude of trade unions workers and employers.

4. Industrial Relation also involve the study of conditions conductive to the labour,
managements cooperations as well as the practices and procedures required to elicit
the desired cooperation from both the parties.

5. Industrial Relations also study the laws, rules regulations agreements, awards of courts,
customs and traditions, as well as policy framework lay down by the governments for
eliciting cooperations between labour and management. Besides this, it makes an in
depth analysis of the interference patterns of the executive and judiciary in the
regulations of labourmanagements relations.

In fact the concepts of Industrial Relations are very broadbased, drawing heavily from a variety of
discipline like social sciences, humanities, behavioural sciences, laws etc.

Industrial Relation encompasses all such factors that influence behaviour of people at work. A few
such important factors are details below:

1. Institution: It includes government, employers, trade unions, unions federations or
associations, government bodies, labour courts, tribunals and other organizations which
have direct or indirect impact on the industrial relations systems.

2. Characters : It aims to study the role of workers unions and employers federations
officials, shop stewards, industrial relations officers/ manager, mediator/conciliators /
arbitrator, judges of labour court, tribunal etc.

3. Methods : Focus on collective bargaining, workers participation in the Industrial Relation
schemes, discipline procedure, grievance redressal machinery, dispute settlements
machinery working of closed shops, union reorganization, organizations of protests through
methods like revisions of existing rules, regulations, policies, procedures, hearing of labour
courts, tribunals etc.
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4. Contents : Includes matter pertaining to employment conditions like pay, hours of works,
leave with wages, health, and safety disciplinary actions, layoff, dismissals retirements etc.,
laws relating to such activities, regulations governing labour welfare, social security,
industrial relations, issues concerning with workers participation in management, collective
bargaining, etc.

Objectives of Industrial Relation


1. To safeguard the interest of labour and management by securing the highest level of mutual
understanding and goodwill among all those sections in the industry which participate in
the process of production.

2. To avoid industrial conflict or strife and develop harmonious relations, which are an
essential factor in the productivity of workers and the industrial progress of a country.

3. To raise productivity to a higher level in an era of full employment by lessening the tendency
to high turnover and frequency absenteeism.

4. To establish and nurse the growth of an Industrial Democracy based on labour partnership in
the sharing of profits and of managerial decisions, so that ban individuals personality may
grow its full stature for the benefit of the industry and of the country as well.

5. To eliminate, as far as is possible and practicable, strikes, lockouts and gheraos by providing
reasonable wages, improved living and working conditions, said fringe benefits.

6. To establish government control of such plants and units as are running at a loss or in which
productions has to be regulated in the public interest.

7. Improvements in the economic conditions of workers in the existing state of industrial
managements and political government.

8. Control exercised by the state over industrial undertaking with a view to regulating
production and promoting harmonious industrial relations.

9. Socializations or rationalization of industries by making the state itself a major employer


10. Vesting of a proprietary interest of the workers in the industries in which they are employed.


The main aspect of Industrial Relations are:


1. Labour Relations, i.e. relations between union and management.
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2. Employeremployees relations, i.e. relations between management and employees.


3. Group relations, i.e. relations between various groups of workmen.


4. Community or Public relations, i.e. relations between industry and society.


5. Promotions and development of healthy labourmanagements relations.


6. Maintenance of industrial peace and avoidance of industrial strife


7. Development of true industrial Democracy.




Effects of poor Industrial Relations


Poor Industrial Relation produces highly disquieting effects on the economic life of the country. We
may enumerate the illeffects of poor Industrial Relations as under:

1. Multiplier effects: Modern industry and for that matter modern economy are
interdependent. Hence although the direct loss caused due to industrial conflict in any
one plant may not be very great, the total loss caused due to its multipliers effect on the
total economy is always very great.

2. Fall in normal tempo: poor Industrial Relations adversely affect the normal tempo of
work so that work far below the optimum level. Costs build up. Absenteeism and labour
turnover increase. Plants discipline breaks down and both the quality and quality of
production suffer.

3. Resistance of change: Dynamic industrial situation calls for change more or less
continuously. Methods have to be improved. Economics have to be introduced. New
products have to be designed, produced and put in the market. Each of these tasks
involves a whole chain of changes and this is resisted bitterly if these are industrial
conflict.

4. Frustration and social cost: every man comes to the work place not only to earn a living.

He wants to satisfy his social and egoistic needs also. When he finds difficulty in
satisfying these needs he feels frustrated. Poor Industrial Relations take a heavy toll in
terms of human frustration. They reduce cordiality and aggravate social tension.

Suggestions to Improve Industrial Relation:
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1. Both management and unions should develop constructive attitudes towards each
other

2. All basic policies and procedures relating to Industrial Relation should be clear to
everybody in the organization and to the union leader. The personnel manager must
make certain that line people will understand and agree with these policies.

3. The personnel manager should remove any distrust by convincing the union of the
companys integrity and his own sincerity and honesty. Suspicious, rumours and doubts
should all be put to rest.

4. The personnel manager should not vie with the union to gain workers loyal to both the
organization. Several research studies also confirm the idea of dual allegiance. There is
strong evidence to discard the belief that one can owe allegiance to one group only.

5. Management should encourage right kind of union leadership. While it is not for the
management to interfere with union activities, or choose the union leadership, its
action and attitude will go a long way towards developing the right kind of union
leadership.

IMPORTANCE OF INDUSTRIAL RELATIONS:


The healthy industrial relations are a key to the progress. Their significance may be discussed as
under

1. Uninterrupted production The most important benefit of industrial relations is that
this ensures continuity of production. This means, continuous employment for all
from manager to workers. The resources are fully utilized, resulting in the maximum
possible production. There is uninterrupted flow of income for all. Smooth running
of an industry is of vital importance for several other industries; to other industries
if the products are intermediaries or inputs; to exporters if these are export goods; to
consumers and workers, if these are goods of mass consumption.

2. Reduction in Industrial Disputes Good industrial relation reduces the industrial
disputes. Disputes are reflections of the failure of basic human urges or motivations to
secure adequate satisfaction or expression which are fully cured by good industrial
relations. Strikes, lockouts, goslow tactics, gherao and grievances are some of the
reflections of industrial unrest which do not spring up in an atmosphere of industrial
peace. It helps promoting cooperation and increasing production.
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3. High morale Good industrial relations improve the morale of the employees.

Employees work with great zeal with the feeling in mind that the interest of employer
and employees is one and the same, i.e. to increase production. Every worker feels that
he is a coowner of the gains of industry. The employer in his turn must realize that the
gains of industry are not for him along but they should be shared equally and
generously with his workers. In other words, complete unity of thought and action is
the main achievement of industrial peace. It increases the place of workers in the
society and their ego is satisfied. It naturally affects production because mighty co
operative efforts alone can produce great results.

4. Mental Revolution The main object of industrial relation is a complete mental
revolution of workers and employees. The industrial peace lies ultimately in a
transformed outlook on the part of both. It is the business of leadership in the ranks of
workers, employees and Government to work out a new relationship in consonance
with a spirit of true democracy. Both should think themselves as partners of the
industry and the role of workers in such a partnership should be recognized. On the
other hand, workers must recognize employers authority. It will naturally have impact
on production because they recognize the interest of each other.

5. New Programmes New programmes for workers development are introduced in an
atmosphere of peace such as training facilities, labour welfare facilities etc. It increases
the efficiency of workers resulting in higher and better production at lower costs.



6. Reduced Wastage Good industrial relations are maintained on the basis of
cooperation and recognition of each other. It will help increase production. Wastages of
man, material and machines are reduced to the minimum and thus national interest is
protected.

Thus, from the above discussion, it is evident that good industrial relation is the basis of higher
production with minimum cost and higher profits. It also results in increased efficiency of workers.
New and new projects may be introduced for the welfare of the workers and to promote the morale
of the people at work.

An economy organized for planned production and distribution, aiming at the realization of social
justice and welfare of the massage can function effectively only in an atmosphere of industrial
164
peace. If the twin objectives of rapid national development and increased social justice are to be
achieved, there must be harmonious relationship between management and labour.

Difference between industrial relations and human relations


The term Industrial Relations is different from Human Relations. Industrial relations refer to the
relations between the employees and the employer in an industry. Human relations refer to a
personnelmanagement policy to be adopted in industrial organizations to develop a sense of
belongingness in the workers improves their efficiency and treat them as human beings and make a
partner in industry.

Industrial relations cover the matters regulated by law or by collective agreement between
employees and employers. On the other hand, problems of human relations are personal in
character and are related to the behavior of worker where morale and social elements
predominated. Human relations approach is personnel philosophy which can be applied by the
management of an undertaking. The problem of industrial relations is usually dealt with a three
levels the level of undertaking, the industry and at the national level. To sum up the term
Industrial Relations is more wide and comprehensive and the term Human Relations is a part of
it.

Determining factors of industrial relations


Good industrial relations depend on a great variety of factors. Some of the more obvious ones are
listed below:

1. History of industrial relations No enterprise can escape its good and bad history of
industrial relations. A good history is marked by harmonious relationship between
management and workers. A bad history by contrast is characterized by militant strikes
and lockouts. Both types of history have a tendency to perpetuate themselves.
Once militancy is established as a mode of operations there is a tendency for
militancy to continue. Or once harmonious relationship is established there is a
tendency for harmony to continue.

2. Economic satisfaction of workers Psychologists recognize that human needs have a
certain priority. Need number one is the basic survival need. Much of men conducted
are dominated by this need. Man works because he wants to survive. This is all the
more for underdeveloped countries where workers are still living under subsistence
165
conditions. Hence economic satisfaction of workers is another important prerequisite
for good industrial relations.

3. Social and Psychological satisfaction Identifying the social and psychological urges of
workers is a very important step in the direction of building good industrial relations. A
man does not live by bread alone. He has several other needs besides his physical needs
which should also be given due attention by the employer. An organization is a joint
venture involving a climate of human and social relationships wherein each participant
feels that he is fulfilling his needs and contributing to the needs of others. This
supportive climate requires economic rewards as well as social and psychological
rewards such as workers participation in management, job enrichment, suggestion
schemes, redressal of grievances etc.

4. OfftheJob Conditions An employer employs a whole person rather than certain
separate characteristics. A persons traits are all part of one system making up a whole
man. His home life is not separable from his work life and his emotional condition is not
separate from his physical condition. Hence for good industrial relations it is not enough
that the workers factory life alone should be taken care of his offthejob conditions
should also be improved to make the industrial relations better.

5. Enlightened Trade Unions The most important condition necessary for good industrial
relations is a strong and enlightened labour movement which may help to promote the
status of labour without harming the interests of management, Unions should talk of
employee contribution and responsibility. Unions should exhort workers to produce
more, persuade management to pay more, mobilize public opinion on vital labour
issues and help Government to enact progressive labour laws.

6. Negotiating skills and attitudes of management and workers Both management and
workers representation in the area of industrial relations come from a great variety of
backgrounds in terms of training, education, experience and attitudes. These varying
backgrounds play a major role in shaping the character of industrial relations. Generally
speaking, welltrained and experienced negotiators who are motivated by a desire for
industrial peace create a bargaining atmosphere conducive to the writing of a just and
equitable collective agreement. On the other hand, ignorant, inexperienced and ill
trained persons fail because they do not recognize that collective bargaining is a difficult
human activity which deals as much in the emotions of people as in their economic
166
interests. It requires careful preparation and top notch executive competence. It is not
usually accomplished by some easy trick or gimmick. Parties must have trust and
confidence in each other. They must possess empathy, i.e. they should be able to
perceive a problem from the opposite angle with an open mind. They should put
themselves in the shoes of the other party and then diagnose the problem. Other
factors which help to create mutual trust are respect for the law and breadth of the
vision. Both parties should show full respect for legal and voluntary obligations and
should avoid the tendency to make a mountain of a mole hill.

7. Public policy and legislation: when Government, regulates employee relations, it
becomes a third major force determining industrial relations the first two being the
employer and the union. Human behaviour is then further complicated as all three
forces interact in a single employee relation situation. Nonetheless, government in all
countries intervenes in management union relationship by enforcing labour laws and
by insisting that the goals of whole society shall take precedence over those of either of
the parties. Government intervention helps in three different ways 1) it helps in
catching and solving problems before they become serious. Almost everyone agrees
that it is better to prevent fires them to try stopping them after they start; 2) It provides
a formalized means to the workers and employers to give emotional release to their
dissatisfaction; and 3) It acts as a check and balance upon arbitrary and capricious
management action.

8. Better education: with rising skills and education workers expectations in respect of
rewards increase. It is a common knowledge that the industrial worker in India is
generally illiterate and is misled by outside trade union leaders who have their own axe
to grind. Better workers education can be a solution to this problem. This alone can
provide worker with a proper sense of responsibility, which they owe to the
organization in particular, and to the community in general.

9. Nature of industry: In those industries where the costs constitute a major proportion
of the total cast, lowering down the labour costs become important when the product is
not a necessity and therefore, there is a little possibility to pass additional costs on to
consumer. Such periods, level of employment and wages rise in decline in employment
and wages. This makes workers unhappy and destroys good industrial relations.

Industrial Relations Programme
167
Todays professional industrial relations director, or by whatever title he is designated, no longer
views his job as personalizing management, or that of a social worker in a factory, or a union buster,
he looks upon his department as an adjunct to management supervision at all levels; he keeps other
executives informed about new discoveries, programme trends and needs. At the same time, he
provides efficient service in the operation of several centralized services.

A successful industrial relations programme reflects the personnel viewpoint, which is influenced by
three main considerations:

a) Individual thinking


b) Policy awareness and


c) Expected group reaction


Individualized thinking makes if imperative for the administrator to consider the entire situation in
which the affected individual is placed. Policy awareness underscores the idea of the consistency of
treatment and the precedent value of any decision which a management takes; while expected
group reaction balances what we know of human nature in groups against an individuals situation in
the light of the policy that has been formulated and implemented. In all these different
circumstances, reality demands that all the three aspects of the personnel viewpoint should be
considered at once in terms of the past, the present and the future. This viewpoint is held at all the
levels of management from the top to the bottom, from the top executives and staff to the line and
supervisory personnel.

Scope of industrial relations work


The staff employed in the industrial relations department should know the limitations within which
it has to function. The industrial relations director generally has several assistants who help him to
perform his functions effectively, and he usually reports directly to the president or chairman of the
board of directors of an organization.

The functions of the industrial relations staff are


1. Administration, including overall organization, supervision and coordination of
industrial relations policies and programmes.

2. Liaison with outside groups and personnel departments as well as with various cadres
of the management staff.
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3. Drafting of regulations, rules, laws or orders and their construction and interpretation.


4. Position classification, including overall direction of job analysis, salary and wage
administration, wage survey and pay schedules.

5. Recruitment and employment of workers and other staff.


6. Employment testing, including intelligence tests, mechanical aptitude tests and
achievement tests.

7. Placement, including induction and assignment.


8. Training of apprentices, production workers, foremen and executives.


9. Employee counselling on all types of personnel problemseducational, vocational,
health or behaviour problems.

10. Medical and health services.


11. Safety services, including first aid training.


12. Group activities, including group health insurance, housing, cafeteria programmes and
social clubs.

13. Suggestion plans and their uses in labour, management and production committees.


14. Employee relations, especially collective bargaining with representatives and settling
grievances.

15. Public relations.


16. Research in occupational trends and employee attitudes and analysis of labour
turnover.

17. Employee records for all purposes.


18. Control of operation surveys, fiscal research and analysis.


19. Benefit, retirement and pension programmes.


Functional Requirements of A Successful Industrial Relations Programme


The basic requirements on which a successful industrial relations programme is based are:
169
1. Top Management Support: Since industrial relations is a functional staff service, it must
necessarily derive its authority from the line organization. This is ensured by providing that
the industrial relations director should report to a top line authority to the president,
chairman or vice president of an organization.
2. Sound Personnel Policies: These constitute the business philosophy of an organization and
guide it in arriving at its human relations decisions. The purpose of such policies is to decide,
before any emergency arises, what shall be done about the large number of problems which
crop up every day during the working of an organization. Policies can be successful only
when they are followed at all the level of an enterprise, from top to bottom.
3. Adequate Practices should be developed by professionals: In the field to assist in the

implementation of the policies of an organization. A system of procedures is essential if
intention is to be properly translated into action. The procedures and practices of an
industrial relations department are the tool of management which enables a supervisor to
keep ahead of his job that of the timekeeper, rate adjuster, grievance reporter and merit
rater.
4. Detailed Supervisory Training : To ensure the organizational policies and practices are

properly implemented and carried into effect by the industrial relations staff, job supervisors
should be trained thoroughly, so that they may convey to the employees the significance of
those policies and practices. They should, moreover, be trained in leadership and in
communications.
5. Followup of Results: A constant review of an industrial relations programme is essential,
so that existing practices may be properly evaluated and a check may be exercised on
certain undesirable tendencies, should they manifest themselves. A follow up of turnover,
absenteeism, departmental morale, employee grievances and suggestion; wage
administration, etc. should be supplemented by continuous research to ensure that the
policies that have been pursued are best fitted to company needs and employee
satisfaction. Hints of problem areas may be found in exit interviews, in trade union demands
and in management meetings, as well as in formal social sciences research.

Perspective theories


When studying the theories of industrial relations, there are three major perspectives that contrast
in their approach to the nature of workplace relations. The three views are generally described as
the unitary, pluralist and Marxist perspectives. The Marxist perspective is sometimes referred to as
the Conflict Model. Each offers a particular perception of workplace relations and will therefore
170
interpret such events as workplace conflict, the role of trade unions and job regulation varies
differently.

1. Unitary perspective


In Unitarianism, the organization is perceived as an integrated and harmonious whole with the ideal
of "one happy family", where management and other members of the staff all share a common
purpose, emphasizing mutual cooperation. Furthermore, unitarism has a paternalistic approach
where it demands loyalty of all employees, being predominantly managerial in its emphasis and
application.

Consequently, trade unions are deemed as unnecessary since the loyalty between employees and
organizations are considered mutually exclusive, where there can't be two sides of industry. Conflict
is perceived as disruptive and the pathological result of agitators, interpersonal friction and
communication breakdown.

2. Pluralistic perspective


In pluralism the organization is perceived as being made up of powerful and divergent subgroups,
each with its own legitimate loyalties and with their own set of objectives and leaders. In particular,
the two predominant subgroups in the pluralistic perspective are the management and trade
unions.

Consequently, the role of management would lean less towards enforcing and controlling and more
toward persuasion and coordination. Trade unions are deemed as legitimate representatives of
employees; conflict is dealt by collective bargaining and is viewed not necessarily as a bad thing and,
if managed, could in fact be channelled towards evolution and positive change.

3. Marxist/Radical Perspective


This view of industrial relations looks at the nature of the capitalist society, where there is a
fundamental division of interest between capital and labour, and sees workplace relations against
this history. This perspective sees inequalities of power and economic wealth as having their roots in
the nature of the capitalist economic system. Conflict is therefore seen as inevitable and trade
unions are a natural response of workers to their exploitation by capital. Whilst there may be
periods of acquiescence, the Marxist view would be that institutions of joint regulation would
enhance rather than limit management's position as they presume the continuation of capitalism
rather than challenge it. There are two variants of this view the pessimist view propounded by
Lenin, Trotsky and Michel and the optimist view propounded by Marx and Engels.
171
Industrial Relations in India


Prior to 1991, the industrial relations system in India sought to control conflicts and disputes through
excessive labour legislations. These labour laws were protective in nature and covered a wide range
of aspects of workplace industrial relations like laws on health and safety of labours, layoffs and
retrenchment policies, industrial disputes and the like. The basic purpose of these laws was to
protect labours. However, these protectionist policies created an atmosphere that led to increased
inefficiency in firms, over employment and inability to introduce efficacy. With the coming of
globalization, the 40 year old policy of protectionism proved inadequate for Indian industry to
remain competitive as the lack of flexibility posed a serious threat to manufacturers because they
had to compete in the international market.

With the advent of liberalization in 1992, the industrial relations policy began to change. Now, the
policy was tilted towards employers. Employers opted for workforce reduction, introduced policies
of voluntary retirement schemes and flexibility in workplace also increased. Thus, globalization
brought major changes in industrial relations policy in India. The changes can be summarized as
follows:

1. Collective bargaining in India has mostly been decentralized, but now in sectors where it was
not so, are also facing pressures to follow decentralization.
2. Some industries are cutting employment to a significant extent to cope with the domestic
and foreign competition e.g. pharmaceuticals. On the other hand, in other industries where
the demand for employment is increasing are experiencing employment growths.
3. In the expansionary economy there is a clear shortage of managers and skilled labour.

4. The number of local and enterprise level unions has increased and there is a significant
reduction in the influence of the unions.
5. Under pressure some unions and federations are putting up a united front e.g. banking.

6. Another trend is that the employers have started to push for internal unions i.e. no outside
affiliation.
7. HR policies and forms of work are emerging that include, especially in multinational
companies, multiskills, variable compensation, job rotation etc. These new policies are
difficult to implement in place of old practices as the institutional set up still needs to be
changed.
8. HRM is seen as a key component of business strategy.

9. Training and skill development is also receiving attention in a number of industries,
especially banking and information technology.
172
10. SPECIAL POINTS TO BE NOTED WHILE DRAFTING EMPLOYMENT AGREEMENT

Employment Agreement

Employment agreement is an agreement that is entered into between two parties, i.e. the employer
and employee. It is a document that pacifies the responsibilities and duties expected of an
employee. It also described the profile of the job and the title. The document ensures that the
employee knows his place in the organisation and what is expected of him. Employment agreements
should be created in a way that is just and fair for all the employees. If this is followed, employees
will do their tasks and responsibilities well and without any negative emotions toward their
employers. Usually employment contracts contain only vague references to the "policies and
procedures to which the employee will be bound". The employer should provide the employee with
all of the company policies and other documents that relate to the contract or are referred to in the
contract.


Following are the usual contents of an employment agreement:

1) Name of the parties involved

2) Starting date of employment

3) Title and description of the job

4) Location of work

5) Hours of work

6) Probationary period

7) Salary

8) Restrictive terms

9) Holidays

10) Other information like deductions, permissible expenses, notice period etc.



The employment agreement may be beneficial for both parties because they will know what
responsibilities they are getting in to. On the part of the employees, they are assured that they will
be able to get compensation as an exchange for the work they rendered. Employees will also be
clearly informed about the things that employers are expecting them to do. On the part of the
employers, they are assured that their employees are well informed of the things that they should
do, as well as their obligations for the company. Through employment agreement, employers will
not be left immediately by their employees without providing them enough time to seek for
someone who will take the latters place.
173
The benefits of an employment agreement are enumerated below:

./ Employment agreement is useful because it has control over the employees capability to
leave. An employer will be given more time to find a replacement for the employee.
./ If the employee is given confidential information about the business, certain confidentiality
clauses can also be included in the agreement. The employer may forbid the employee from
using or disclosing the information he/she acquired for personal gain.
./ Employers can also use the employment agreement in enticing skilled individuals to work for
them. Certain promises like benefits that will be received as well as job security could be
included in the contract to convince the person into working for the company.
./ Employee agreements also give employers control over their employees.



Certain important issues that need to be taken care of before finalizing the employment agreement
are given hereunder:
Identify the long term requirement of employees.

Identifying the workmen and employees not covered under definition of workmen,
respectively.
Local laws of the State should be borne in mind while drawing up the contracts

Issue appointment letters which clearly define the employment terms and conditions.

Employment contracts, where necessary, should be put in place with clauses for wages,
benefits, noncompete, confidentiality, term, termination etc.
Depending on the requirement, use fixed term contracts for workmen.

The terms and conditions of the employment should be clearly explained to employees
before execution and should be drafted without any ambiguity.


A detailed checklist for an Employee Agreement is given hereunder:

1. Details of employment

a. Full name of employer and employee

b. Address of employer

c. Place of work of employee, and, where the employee is required or permitted to
work at various places
d. Title of job or nature of the work or a brief job description

e. Date of commencement of employment

2. Pay and Benefits

a. Wages/ salary details
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b. Rate of overtime work (if eligible for overtime pay)

c. Any other cash benefits that the employee is entitled to

d. Any payment in kind that the employee is entitled to and the value of that payment

(e.g. accommodation)

e. Any deductions to be made from the employee's remuneration (e.g. Pension /
Medical Aid)
f. Method of payment and method of calculating wages

g. Additional benefits, and any conditions under which they apply, e.g. achievement of
targets
h. Pension scheme whether one exists, and if so conditions

i. Approvals for any deductions from pay, e.g. pension scheme other than those
required by law
3. Nature of contract

a. Type of contract: permanent, temporary, fixed term

b. Duration of a temporary contract or termination date for a fixed term contract

c. Period of notice required to terminate employment, or if employment is for a
specified period, the date when employment is to terminate
4. Hours of work

a. Number of hours in workweek and workday. Procedure for scheduling.

b. Alternative work schedules

c. Definition of overtime & pay or compensatory time off

d. Advance notice of overtime & right to refuse overtime

e. Staffing and workload standards.

f. Meal and rest periods.

g. Timekeeping and attendance requirements

5. Leaves

a. Annual leave entitlement

b. Role of seniority in scheduling vacations.

c. Conditions relating to taking leave, e.g. present company holidays or notice
requirements
d. Details of any other paid leave entitlements

6. Disciplinary procedures

a. Details of the disciplinary procedure
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b. Conditions under which the employer can terminate the contract e.g. gross
misconduct
7. Grievance procedure

a. Definition of a grievance.

b. Employees' right to union representation.

c. Explanations of each step in grievance procedure and time limits at each step.

8. Health and Safety

a. Employer and employee responsibilities

9. Protection of Business information

a. Details of confidentiality requirements

b. Use and misuse of electronic communications and Internet

10. Probation period

a. Purpose & duration of the probationary period

b. Benefits that will come into effect when the probationary period is completed

11. Performance evaluation

a. Criteria & frequency for evaluations.

12. Retirement policy

13. Any other conditions

14. Acceptance

a. Acceptance clause whereby employees sign that they accept the contract of
employment and conditions therein.


NonDisclosure Agreement / Contract of Confidentiality


A nondisclosure agreement is a legal agreement between two parties where the company gives
access to certain restricted information to the employee preventing its disclosure by the employee
to third parties. The secrecy of the restricted information is protected through the nondisclosure
agreement or the confidentiality agreement. If the classified information is transferred to the
employee orally he must provide in writing that the information so communicated constitutes
confidential information to which he is legally bound.

Confidential information constitutes the essence of every business. Disclosure of such information
may be potentially damaging to a company and provide an unfair advantage to its competitors.
Protection of confidential information, therefore, assumes tremendous importance. In the business
world, confidential information includes information that qualifies as a trade or business secret. A
176
trade secret is defined as any information that is not known outside the company and which is not
readily ascertainable by proper means, thereby giving the company an advantage over its
competitors. Whether any information is a trade secret depends on a variety of factors, such as the
extent to which the information is known outside of the companys business; the extent to which
the information is known by employees and others involved in the companys business; the
measures taken by the company to guard the secrecy of the information; the value of the
information to the company and to its competitors; the money or effort expended in developing the
information; and the ease with which the information can be duplicated by others. Examples of
trade secrets include methods of production not protected by patent, testing procedures, processes,
designs, formulas and software.


If it is found that the employee is likely to misuse confidential information obtained while in
employment, the employer is entitled to an injunction preventing such misuse. However, an
injunction cannot be granted to protect the employer for misuse that has already taken place. For
such past misuse, the employer is entitled only to damages; as otherwise, this will go against fair
competition. The injunction should not give a competitive advantage to the employer, as for
example no injunction should be granted if an employee obtains the information independently
from the market. Additional remedies include an award of damages for loss of profit because of
diminution in the employers business or damage to the employers goodwill. However, these are
not granted in the absence of detailed evidence to that effect.


The following steps can be taken by employers to protect confidential information:

i. Companies should ensure that before disclosing confidential information to employees, a
nondisclosure agreement is in place.
ii. Companies should ensure that the confidential nature of the information is expressly
communicated to the employees before disclosure.
iii. Companies should restrict the number of employees having access to confidential
information at any point of time.
iv. Companies should mark files and relevant documents as confidential.

v. Companies should have in place proper security systems for computers and networks.

Passwords should be provided and changed frequently.

vi. Companies should have in place proper policies for document retention and destruction.

vii. Companies should very clearly set forth the standards of nondisclosure of confidential
information in the employee handbook.
177
viii. Companies should take special care when an employee is leaving the company. The
employee should be reminded of his obligations and asked to deposit all confidential
material in his possession.
ix. A covenant of nondisclosure should also include a clause whereby the employee is under an
obligation to disclose to the employer any confidential information acquired in the course of
employment, which is in the nature of a trade secret for the company but unknown to the
employer.




11. IMPORTANT CASE LAWS


1. Apprentices Act, 1961


a) UP State Road Transport Corpn v. UP Parivahan Nigam Shishukh Berozgar Sangh AIR
1995 SC 1114 = (1995) 2 SCC 1 , it was held that other things being equal, a trained
apprentice should be given preference over direct recruits. It was also held that he need
not be sponsored by the employment exchange. Age bar may also be relaxed, to the
extent of training period. The concerned institute should maintain a list of persons
already trained and in between trained apprentices, preference should be given to those
who are senior. same view in UP Rajya Vidyut Parishad v. State of UP 2000 LLR 869
(SC).

2. Contract Labour (Regulation and Abolition) Act, 1970


a) In Steel Authority of India v. National Union Water Front 2001(5) SCALE 626 = 2001
LLR 961 = AIR 2001 SC 3527 = JT 2001(5) SC 602 = 2001 III CLR 349 = (2001) 7 SCC 1 =
2001 LLN 135 = 2001 AIR SCW 3574 (SC 5 member Constitution bench), it was held
that Central / State Government can issue notification u/s 10 abolishing contract
labour only after following prescribed procedure regarding consultation etc. It was
also held that even if such a notification is issued, the employees with contractor will
not be automatically absorbed in the employment of the company, if the contact
was genuine. However, company will give preference to them. However, if the
contract was not genuine but a mere camouflage, the so called contract labour will
have to be treated as employees of principal employer.
b) Food Corporation of India Workers Union Vs Food Corporation of India and others,
1992 LLJ (Guj) It has been held that workmen can be employed as contract labour
178
only through licensed contractors, who shall obtain licence under section 12. As per
section 7, the principal employer is required to obtain Certificate of Registration.
Unless both these conditions are complied with the provisions of Contract Labour
Act will not be attracted. Even if one of these conditions is not complied with, the
provisions of the Contract Labour Act will not apply. In a situation where in either of
these two conditions is not satisfied, the position would be that a workman
employed by an intermediary is deemed to have been employed by the principal
employer.

3. Employees Provident Funds Act, 1952


a) In RPFC v. T S Hariharan 1971 Lab IC 951 (SC), it was held that temporary workers
should not be counted to decide whether the Act would apply.
b) RPFC v. Shiv Kumar Joshi (1996) 4 CTJ 805 = 1996 LLR 641 (NCDRC 5 member
bench), it was held that the Regional Provident Fund Commissioner is providing
service under the Act and hence he is liable under Consumer Protection Act.
Confirmed in RPFC v. Shiv Kumar Joshi 1999 AIR SCW 4456 = 1999(7) SCALE 453 =
2000 LLR 217 = AIR 2000 SC 331 = 99 Comp Cas 347 = (2000) CLABL Supp 26 = 24
SCL 46 (SC).


4. Payment of Gratuity Act, 1972

a) Gratuity as observed by the Supreme Court in its etymological sense, means a gift,
especially for services rendered or return for favours received. AIR 1970 SC 919,
Delhi Cloth & General Mills Co. Ltd. v. Its Workmen.
b) AIR 1960 SC 251, Indian Hume Pipe Co. Ltd. v. ts Workmen. Gratuity has to be

considered to be an amount paid unconnected with any consideration and not
resting upon it and has to be considered something given freely or without
recompense. It does not have foundation on any legal liability, but upon a bounty
steaming from appreciation and graciousness. Long service carries with it
expectation of an appreciation from the employer and a gracious financial assistance
to tide over post retrial difficulties.
c) In the case of B. Mohan Reddy vs. A.P.S. Coop.Marketing Federation Ltd. 1990 (1)
LLN 820 it was held that payment of Gratuity Act does not authorize employer to
withhold Gratuity of employee for any reasons such as negligence and unauthorized
leave except where services of employee are terminated for any act of willful
179
omission or negligence which caused any damage, loss or destruction to employers
property or for riotous or disorderly behaviour or for any act which constitutes an
offence involving moral turpitude committed in the course of employment.
d) It has been held by the Bombay High Court in the case of Bombay Gas Public Ltd.

Co. V/s. Papa Akbar and Anr. 1990 II LLJ 220 that the provisions of Sec. 4 (6) (a) of
the payment of Gratuity Act do not come into force unless there is a termination of
service. Merely stating that the employee went on strike and thereby caused a
heavy loss to the company could not be a ground to deny gratuity to the employees.
e) Reemployment under same employer under fresh contract will not militate against
concept of gratuity When an employee retires and earns gratuity and the same
employer offers such employee a job under a fresh agreement and the new
agreement provides for the payment of gratuity, that would, in no way, militate
against the concept of gratuity if such gratuity is paid on the first retirement CIT v.
Smt. Savitaben N. Amin [1986] 157 ITR 135 (Guj.).












12. IMPORTANT ORGANIZATIONS


1. International Labour Organization


The International Labour Organization (ILO) is a specialized agency of the United Nations
that deals with labour issues. Its headquarters are in Geneva, Switzerland. Its secretariat
the people who are employed by it throughout the world is known as the International
Labour Office.

The ILO was established as an agency of the League of Nations following the Treaty of
Versailles, which ended World War I. Postwar reconstruction and the protection of labour
unions occupied the attention of many nations during and immediately after World War I.

The first annual conference (referred to as the International Labour Conference, or ILC)
began on 29 October 1919 in Washington DC and adopted the first six International Labour
Conventions, which dealt with hours of work in industry, unemployment, maternity
180
protection, night work for women, minimum age and night work for young persons in
industry. The prominent French socialist Albert Thomas became its first Director General.
The ILO became a member of the United Nations system after the demise of the League in
1946. Its constitution, as amended, includes the Declaration of Philadelphia (1944) on the
aims and purposes of the organisation. As of April 2009, the current directorgeneral is Juan
Somavia (since 1999).

Unlike other United Nations specialized agencies, the International Labour Organization has
a tripartite governing structure representing governments, employers and workers.
Presently there are 181 members.

The International Labour Organization (ILO) is devoted to advancing opportunities for
women and men to obtain decent and productive work in conditions of freedom, equity,
security and human dignity. Its main aims are to promote rights at work, encourage decent
employment opportunities, enhance social protection and strengthen dialogue in handling
workrelated issues. In promoting social justice and internationally recognized human and
labour rights, the organization continues to pursue its founding mission that labour peace is
essential to prosperity. Today, the ILO helps advance the creation of decent jobs and the
kinds of economic and working conditions that give working people and business people a
stake in lasting peace, prosperity and progress.

The Governing Body is the executive of the International Labour Office. It meets three times
a year, in March, June and November. It takes decisions on ILO policy, decides the agenda of
the International Labour Conference, adopts the draft programme and budget of the
organisation for submission to the conference, and elects the directorgeneral. The
Governing Body is composed of 28 government representatives, 14 workers' group
representatives, and 14 employers' group representatives. Ten of the government seats are
held permanently by Brazil, China, France, Germany, India, Italy, Japan, the Russian
Federation, the United Kingdom, and the United States. The remaining government
representatives are elected by government delegates every three years.

13. Important authorities under the Labour law in India

1. Ministry of Labour and Employment , Government of India




The Ministry of Labour and Employment, a branch of the Government of India, is the apex
body for formulation and administration of the rules and regulations and laws relating to
181
labour and employment in India. The Ministry of Labour and Employment works out of
Shram Shakti Bhavan, Rafi Marg, New Delhi

The main objectives of the Ministry of Labour and Employment are the following:
Labour Policy and legislation; Safety, health and welfare of labour; Social security of
labour; Policy relating to special target groups such as women and child labour;
Industrial relations and enforcement of labour laws in the Central sphere; Adjudication
of industrial disputes through Central Government Industrial Tribunals cum Labour
Courts and National Industrial Tribunals.

A. Main Secretariat of Ministry of Labour and Employment

i. Industrial Relations division

ii. Child and Women Labour Division

iii. Directorate General, Labour Welfare

iv. Economic and Statistics Division

v. International Labour Affairs Section

vi. Labour Conference Section




B. Attached Offices




i. Office of the Chief Labour Commissioner ( Central), New Delhi (Also known as
Central Industrial Relations Machinery)
ii. Directorate General, Employment and Training, New Delhi

iii. Labour Bureau, Chandigarh

iv. Directorate General, Factory Advice Service and Labour Institutes, Bombay




C. Subordinate Offices




i. Directorate General, Mines Safety, Dhanbad

ii. Office of the Welfare Commissioner, Allahabad, Bangalore, Bhubaneswar, Calcutta,
Hyderabad, Jabalpur, Karma(Bihar) and Nagpur
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D. Adjudicating Bodies

Central Government Industrial TribunalcumLabour Court No.1 Dhanbad (Bihar) and No.1
Mumbai and at Asansol, Calcutta, Jabalpur, New Delhi, Chandigarh, Kanpur, and Bangalore.

E. Arbitration Bodies

Board of Arbitration (JCM), New Delhi


F. Autonomous Organizations

i. Employee Provident fund Organisation, Head Office New Delhi

ii. Employee State Insurance Corporation, Head Office New Delhi

iii. V.V.Giri National Labour Institute, NOIDA, (U.P)

iv. Central Board for Workers' Education, Nagpur

2. Organisation of the Chief Labour Commissioner (CLC)

The Organisation of the Chief Labour Commissioner(C) known as Central Industrial Relations
Machinery was set up in April, 1945 in pursuance of the recommendation of the Royal
Commission on Labour in India and was then charged mainly with duties of prevention and
settlement of industrial disputes, enforcement of labour laws and to promote welfare of
workers in the undertakings falling within the sphere of the Central Government.

Presently there are 18 regions each headed by a Regional Labour Commissioner (C) with
Headquarters at Ajmer , Ahmedabad, Asansol, Bangalore, Bombay, Bhubaneswar,
Chandigarh, Cochin, Calcutta, Gwahati, Hyderabad, Jabalpur, Madras, New Delhi, Patna,
Nagpur, Dhanbad and Kanpur. Out of these, 14 regions have been placed under the
supervision of three zonal Dy.CLCs (C) and 4 regional offices are supervised directly by
headquarters office of CLC(C).

The Central Industrial Relations Machinery is the enforcing agency for the following Acts:


1) Payment of Wages Act 1936.

2) Minimum Wages Act, 1948

3) Payment of Bonus Act 1965

4) Equal Remuneration Act 1979

5) Contract Labour (Regulation and Abolition) Act, 1970

6) Child Labour (Prohibition and Regulation) Act,1986

7) The Industrial Employment (standing orders) Act 1946

8) Maternity Benefit Act, 1961
183
9) Payment of Gratuity Act, 1972

10) Industrial Disputes Act, 1947

Apart from the Chief Labour Commissioner, the Central Industrial Relations Machinery
consists of the following officers:

i. Assistant Labour Commissioner (Central) Assistant Labour Commissioners have
been declared inspectors under all the enactments enumerated above, except Equal
remuneration Act, 1979 and Payment of Gratuity Act, 1972. They are conciliation
officers under the Industrial Disputes Act (Section 4). They intervene and prevent
the industrial disputes and maintain harmonious Industrial Relations. A.L.Cs(C) are
also controlling authorities under the Payment of Gratuity Act, 1972 (sec.3),
Authorities under the Equal remuneration Act, 1979 (Sections 7) and Registering and
Licensing Officers (Sections 6 and 11 respectively) under the Contract Labour
(Regulation & Abolition) Act, 1970. As controlling authorities under the payment of
Gratuity Act, 1972 (sec. 3), and Authorities under the Equal remuneration Act, 1979
(Sections 7), they decide the claim cases filed before them under these acts.
ii. Labour Enforcement Officer (Central) The Labour Enforcement officer (C) have
been declared inspectors under all the above enactments in the industries /
establishments in the Central Sphere. All officers having independent offices are
also Conciliation officers under section 4 of Industrial Disputes Act, 1947. They have
also been declared supervisors of the railways employees, as per the provisions
of the Indian Railways Act.
iii. Joint Chief Labour Commissioner(C) The Jt. CLC(C) handles important Industrial

Disputes of all India nature. He is also appellate authority under Industrial
Employment (Standing Orders) Act.
iv. Deputy Chief Labour Commissioner(C) The Dy. CLCs(C), besides, coordinating,

monitoring and supervising the activities of the regional offices, also handle
important Industrial Disputes referred to or apprehended in the zone effectively. Dy.
CLC(C)s as appellate authority under IE(SOs) Act, dispose of appeals arising out of
certification of standing orders by RLC(C)s. The Dy.CLCs(C) are authority for deciding
cases of same or similar nature of work and condition of wages of contract labour
under Rule 25 (2)(v)(a) and 25(2) (v) (b) of CL(R&A) (Central) Rules respectively.
v. Regional Labour Commissioner RLC(C)s are the Authority under Minimum Wages
Act. They decide cases of payment of wages less than minimum rate of wages fixed,
filed before them, as provided under sec. 20 of the Minimum Wages Act. They are
184
certifying officers, under Industrial Employment Standing Orders Act for certification
of the Draft Standing Orders, submitted under the Act. They are the appellate
authority under Payment of Gratuity Act, 1972 and Equal remuneration Act, 1976.
They have also been declared inspectors under all the enactments enumerated in
column (4), above, except Equal remuneration Act and Payment of Gratuity Act. The
RLCs(C) being the head of the region is not only in charge of daytoday
administration but also has to discharge many statutory duties relating to
enforcement and industrial relations, including those of Conciliation Officer under
the Industrial Disputes Act.
3. Labour Courts / Industrial Tribunals

Most of the labour disputes are referred to the Labour Courts/Industrial Tribunals through
the Department of Labour under the respective State Government. The process for labour
dispute starts with filing of a petition before Labour Conciliation Officer and in case no
compromise is possible, the said officer sends a failure report to the Government. After
consideration of the said report, the Government may send a reference to the Labour
Court/Industrial Tribunal. In certain matters, the labour dispute can be directly filed in the
court concerned.

Labour Courts These courts are found in every district and they form the courts of original
jurisdiction under which various labour laws and rules are enforced.

Appellate Labour Courts These courts hear only the Appeals and revisions originating from
the judgements and orders of the subordinate original labour courts and officers, under the
provisions of various labour and related laws.




a) When an industrial dispute has been referred to a Labour Court for adjudication, it is the
duty of the Labour Court to
(i) Hold proceedings expeditiously, and

(ii) To submit its award to the appropriate Government soon after the
conclusion of the proceedings.
b) However, no deadline has been laid down with respect to the time within which the
completion of proceedings has to be done. Nonetheless, it is expected that these Courts
hold their proceedings without getting into the technicalities of a Civil Court.
185
c) It has been held that the provisions of Article 137 of the Limitation Act do not apply to
reference of disputes to the Labour Courts. These Courts can change the relief granted
by refusing payment of back wages or directing payment of past wages too.
Court Fee


No Court fee is payable on the petitions filed before Labour Courts and Industrial Tribunals.


Matters that fall within the jurisdiction of Industrial Tribunals


1. Wages, including the period and mode of payment


2. Compensatory and other allowances


3. Hours of work and rest intervals


4. Leave with wages and holidays


5. Bonus, profit sharing, provident fund and gratuity


6. Shift working otherwise than in accordance with standing orders


7. Classification by grades


8. Rules of discipline


9. Retrenchment of workmen and closure of establishment


Matters that fall within the jurisdiction of Labour Courts


1. The propriety or legality of an order passed by an employer under the standing orders


2. The application and interpretation of standing order


3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to,
workmen wrongfully dismissed.

4. Withdrawal of any customary concession or privilege


5. Illegality or otherwise of a strike or lockout; and


6. All matters other than those being referred to Industrial Tribunals.


Stages of adjudication in labour or industrial disputes
186
The first is receiving a reference from the appropriate Government or filing of the labour
dispute in the Labour Court. The next step is sending notice to the Management and after
filing of the response by them, the matter is fixed for adjudication. The fourth step is
recording the evidence of the parties and hearing the arguments.

The final conclusion of the dispute


After hearing the parties, the Labour Court/Industrial Tribunal decides the dispute and the
said final decision is called an Award. A copy of the award is to be published by the Labour
Department as per rules. Copies of the same are also sent to the parties concerned.

Execution of Awards


In case the management does not comply with the terms of the award, the workman may
pray for its execution by moving an application before the concerned Conciliation Officer.

14. LABOUR LEGISLATIONS ACROSS THE WORLD


1. Australia

Australian labour law has had a unique development that distinguishes it from other English
speaking jurisdictions.

In 1904 the Conciliation and Arbitration Act was passed mandating "Conciliation and Arbitration
for the Prevention and Settlement of Industrial Disputes extending beyond the Limits of any one
State". In 2005, the WorkChoices Act removed unfair dismissal laws, removed the "no
disadvantage test", and made it possible for workers to submit their certified agreements
directly to Workplace Authority rather than going through the Australian Industrial Relations
Commission. There were also clauses in WorkChoices that made it harder for workers to strike,
made it easier for employers to force their employees onto individual workplace agreements
rather than collective agreements, and banning clauses from workplace agreements which
supported trade unions.

The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act
2005, or WorkChoices, which came into effect in March 2006, was a comprehensive change to
industrial relations in Australia.

2. United Kingdom
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United Kingdom labour law is that body of law which regulates the rights, and obligations of
trade unions, workers and employers in the United Kingdom. Labour law, often also referred to
as "employment law" has developed rapidly over the past forty years, due to a historically strong
trades union movement and the United Kingdom's membership of the European Union (since
1973). In its current form, it is largely a creature of statute rather than Common Law. Leading
employment law statutes include the Employment Rights Act 1996, the Employment Act 2002
and various legislative provisions outlawing discrimination on the grounds of sex, race, disability,
sexual orientation, and religion and from 2006, age.

The operation of the Employment Law system is broadly similar across the whole of the UK,
although there are some differences in the common law between England & Wales and Scotland
and, in addition, Northern Ireland has extra antidiscrimination legislation dealing with
discrimination on the grounds of religion, community affiliation or political affiliation, which is
quite distinct from the laws on religious discrimination in Great Britain. The labour related laws
of UK are

Employment Rights Act, 1996


Health and Safety at Work etc. Act, 1974


National Minimum Wage Act, 1998


FixedTerm Employees (Prevention of Less Favourable Treatment) Regulations 2002


Equality Act, 2006


Sex Discrimination Act 1975


Equal Pay Act 1970


Employment Equality (Religion or Belief) Regulations, 2003


Disability Discrimination Act, 1995


Trade Union Act 1871


Trade Union and Labour Relations (Consolidation) Act 1992


Employment Equality (Age) Regulations 2006
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3. China

Labour Law in the People's Republic of China has become a very hot issue with the soaring
numbers of factories and the fast pace of urbanization. The basic labour laws are the Labour Law
of People's Republic of China (promulgated on 5 July 1994) and the Law of the People's Republic
of China on Employment Contracts (Adopted at the 28th Session of the Standing Committee of
the 10th National People's Congress on June 29, 2007, Effective from January 1, 2008). The
administrative regulations enacted by the State Council, the ministerial rules and the judicial
explanations of the Supreme Peoples Court stipulate detailed rules concerning the various
aspects of the employment relationship. Labour Union in China is controlled by the government
through the All China Federation of Trade Unions, which is also the sole legal labour union in
Mainland China. Strike is formally legal, but in fact is strictly forbidden.

According to the new 98articlelong "Labor Contract Law", employees of at least 10 years
standing are entitled to contracts that protect them from being dismissed without cause. The
new law also requires employers to contribute to employees' social security accounts and sets
wage standards for employees on probation and working overtime.

China's new labor contract law targets, primarily domestic companies that do not have labor
contracts and that generally fail to comply with China's old laws. Foreign companies have had a
stronger track record of signing contracts with employees and bringing to China their global
work rules and environmental, health and safety practices.

4. France

In France the first labour laws were Waldeck Rousseau's laws passed in 1884. Between 1936
and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid
vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The
Grenelle accords negotiated on May 25 and 26th in the middle of the May 1968 crisis,
reduced the working week to 44 hours and created trade union sections in each enterprise.
The minimum wage was also increased by 25%. In 2000 Lionel Jospin's government then
enacted the 35hour workweek, down from 39 hours. Five years later, conservative prime
minister Dominique de Villepin enacted the New Employment Contract (CNE). Addressing
the demands of employers asking for more flexibility in French labour laws, the CNE sparked
criticism from trade unions and opponents claiming it was lending favour to contingent
work. In 2006 he then attempted to pass the First Employment Contract (CPE) through a
189
vote by emergency procedure, but that it was met by students and unions' protests.
President Jacques Chirac finally had no choice but to repeal it.

5. United States of America

United States labour law is a heterogeneous collection of state and federal laws. Federal law
not only sets the standards that govern workers' rights to organize in the private sector, but
overrides most state and local laws that attempt to regulate this area. Federal law also
provides more limited rights for employees of the federal government. These federal laws
do not, on the other hand, apply to employees of state and local governments, agricultural
workers or domestic employees; any statutory protections those workers have derived from
state law.

Both federal and state laws protect workers from employment discrimination. In most areas
these two bodies of law overlap; as an example, federal law permits state to enact their own
statutes barring discrimination on the basis of race, gender, religion, national origin and age,
so long as the state law does not provide less protections than federal law would. Federal
law, on the other hand, preempts most state statutes that would bar employers from
discriminating against employees to prevent them from obtaining pensions or other benefits
or retaliating against them for asserting those rights.

Federal law does not provide employees of state and local governments with the right to
organize or engage in union activities, except to the extent that the United States
Constitution protects their rights to freedom of speech and freedom of association. The
Constitution provides even less protection for governmental employees' right to engage in
collective bargaining: while it bars public employers from retaliating against employees for
forming a union, it does not require those employers to recognize that union, much less
bargain with it.

The Fair Labor Standards Act of 1938 (FLSA) establishes minimum wage and overtime rights
for most private sector workers, with a number of exemptions and exceptions. Congress
amended the Act in 1974 to cover governmental employees.

The Employee Retirement Income Security Act establishes standards for the funding and
operation of pension and health care plans provided by employers to their employees.
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The Family and Medical Leave Act, passed in 1993, requires employers to provide workers
with twelve weeks of unpaid medical leave and continuing medical benefit coverage in order
to attend to certain medical conditions of close relatives or themselves.

The Occupational Safety and Health Act, signed into law in 1970 by President Richard Nixon,
creates specific standards for workplace safety. The Act also provides for protection for
"whistleblowers" who complain to governmental authorities about unsafe conditions while
allowing workers the right to refuse to work under unsafe conditions in certain
circumstances. The Act allows states to take over the administration of OSHA in their
jurisdictions, so long as they adopt state laws at least as protective of workers' rights as
under federal law.

The Immigration Reform and Control Act of 1986 provides narrow prohibitions against
certain types of employment discrimination based on immigration status.

The Worker Adjustment and Retraining Notification Act, better known by its acronym as the
WARN Act, requires private sector employers to give sixty days' notice of largescale layoffs
and plant closures; it allows a number of exceptions for unforeseen emergencies and other
cases.

15. BIBLIOGRAPHY

1. Ministry of Labour and Employment , Government of India : http://labour.nic.in/

A. Main Secretariat of Ministry of Labour and Employment

vii. Industrial Relations division : http://labour.nic.in/ir/welcome.html

viii. Child and Women Labour Division: http://labour.nic.in/cwl/welcome.html

ix. Directorate General, Labour Welfare : http://labour.nic.in/dglw/welcome.html

x. Economic and Statistics Division

xi. International Labour Affairs Section: http://labour.nic.in/ilas/welcome.html

xii. Labour Conference Section: http://labour.nic.in/lc/welcome.html

B. Attached Offices

v. Office of the Chief Labour Commissioner ( Central), New Delhi (Also known as Central
Industrial Relations Machinery) : http://labour.nic.in/clc/welcome.html
vi. Directorate General, Employment and Training, New Delhi : http://www.dget.nic.in/

vii. Labour Bureau, Chandigarh : http://labourbureau.nic.in/

viii. Directorate General,Factory Advice Service and Labour Institutes, Bombay
191
C. Subordinate Offices

iii. Directorate General, Mines Safety, Dhanbad

iv. Office of the Welfare Commissioner, Allahabad, Bangalore, Bhubaneshwar, Calcutta,
Hyderabad,Jabalpur, Karma(Bihar) and Nagpur



D. Adjudicating Bodies

Central Government Industrial TribunalcumLabour Court No.1 Dhanbad(Bihar) and No.1 Mumbai
and at Asansol, Calcutta, Jabalpur, New Delhi, Chandigarh, Kanpur, and Banglore

E. Arbitration Bodies

Board of Arbitration (JCM), New Delhi


F. Autonomous Organizations

v. Employee Provident fund Organisation, Head Office New Delhi : http://www.epfindia.com/

vi. Employee State Insurance Corporation, Head Office New Delhi: http://esic.nic.in/

vii. V.V.Giri National Labour Institute, NOIDA, (U.P)

viii. Central Board for Workers' Education, Nagpur

2. International Labour Organisation (ILO) : http://www.ilo.org/global/langen/index.htm
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16a.

AGREEMENT FOR EMPLOYMENT

An AGREEMENT made on this day of BETWEEN represented by its
Managing Director (hereinafter called the Employer of the One Part and
(hereinafter called the Employee of the Other Part.

1. The Employer is engaged in the business of training and maintains business premises at

.


2. The employer wants to appoint a suitable person to work as for his business
concern;

3. The Employee, the party of the Other Part, has agreed to serve as for the
business concern on the terms and conditions hereinafter set forth.

NOW this agreement witnesseth and the parties hereto and hereby agree as follows:



1. AGREEMENT TO EMPLOY AND BE EMPLOYED


The Employer hereby employs the Employee as at and the
Employee hereby accepts and agrees to such employment.

2. DESCRIPTION OF EMPLOYEES DUTIES


Subject to the supervision and pursuant to the orders, advice, and direction of the Employer,
the Employee shall perform such duties as are customarily performed by one holding such
position in business concern. The Employee shall additionally render such other and
unrelated services and duties as may be assigned to him from time to time by employer

3. MANNER OF PERFORMANCE OF EMPLOYEES DUTIES


The Employee shall at all times faithfully, industriously, and to the best of his/her ability,
experience, and talent, perform all duties that may be required of and from him/her
pursuant to the express and implicit terms hereof, to the reasonable satisfaction of
employer. Such duties shall be rendered at the abovementioned premises and at such other
place or places as employer shall in good faith require or as the interests, needs, business,
and opportunities of employer shall require or make advisable.

4. DURATION OF EMPLOYMENT
193
The term of employment shall commence on and continue till such date the
Employee works in the business concern subject, however, to prior termination as provided
in Clause 9 hereof or by resignation by the Employee. In case of resignation, the Employee
shall give one month prior notice to the Employer and on failure to do so, shall forego his
salary for the notice period.

5. REMUNERATION


The Employer shall pay a salary of to the Employee for the services rendered to
the business concern. The details of the salary are mentioned in Annexure A of the
document. In addition to the foregoing, the employer shall also reimburse the expenses
incurred by the Employee while travelling for and on behalf of the Employer pursuant to the
employers direction.

6. EMPLOYEES LOYALTY TO EMPLOYERS INTEREST


The Employee shall devote all his time, attention, knowledge, and skill solely and exclusively
to the business and interests of the Employer, and the Employer shall be entitled to all
benefits, emoluments, profits, or other issues arising from or incident to any and all work,
services, and advice of the Employee. The Employee expressly agrees that during the term
hereof he will not be interested, directly or indirectly, in any form, or manner, as partner,
officer, director, stockholder, advisor, employee, or in any other form or capacity, in any
other business similar to the employer's business or any allied trade, except that nothing
herein contained shall be deemed to prevent or limit the right of employee to invest any of
his surplus funds in the capital stock or other securities of any corporation whose stock or
securities are publicly owned or are regularly traded on any public exchange.

7. NONDISCLOSURE OF BUSINESS INFORMATION


The Employee will not at any time, in any form or manner, either directly or indirectly
divulge, disclose, or communicate to any person, firm, or corporation in any manner
whatsoever any information of any kind, nature, or description concerning any matters
affecting or relating to the business of employer, including, without limitation, the names of
any its customers, the prices it obtains or has obtained, or at which it sells or has sold its
products, or any other information concerning the business of employer, its manner of
operation, or its plans, processes, or other date of any kind, nature, or description without
194
regard to whether any or all of the foregoing matters would be deemed confidential,
material, or important.

The parties hereby stipulate that, as between them, the foregoing matters are important,
material, and confidential, and gravely affect the effective and successful conduct of the
business of employer, and its good will, and that any breach of the terms of this section is a
material breach of this agreement

8. LEAVE


The Employee will be entitled for one day leave for a completed month of service. Apart
from this the employee will also be entitled to medical leave of 15 days in a year subject to
submission of medical certificate in case the medical leave period exceeds three days.

9. TERMINATION OF SERVICE


i. The Employer shall terminate the services of the Employee without any previous
notice, if the employer is satisfied based on medical evidence that the employee is
unfit and is likely for considerable period to continue to be unfit by reason of ill
health for discharge of his/her duties.

ii. The Employer shall terminate the services of the Employee without any previous
notice, if the Employee is found guilty of any insubordination, intemperance, moral
turpitude or other misconduct or of any breach or non performance of any of the
provisions of these conditions, or if otherwise found unsuitable for the efficient
performance of his /her duties.
10. SETTLEMENT OF DISPUTE


Any claim or controversy that arises out of or relates to this agreement, or the breach of it,
shall be settled by arbitration in accordance with the provisions of the Arbitration and
Conciliation Act, 1996 and relevant labour legislations.

11. WAIVER OR MODIFICATION EFECTIVE ONLY IN WRITING


No waiver or modification of this agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be
charged therewith. Furthermore, no evidence of any waiver or modification shall be offered
or received in evidence in any proceeding, arbitration, or litigation between the parties
195
arising out of or affecting this agreement, or the rights or obligations of any party
hereunder, unless such waiver or modification is in writing, duly executed as aforesaid.

12. AGREEMENT GOVERNED BY LAW


This agreement and performance hereunder and all suits and special proceedings hereunder
shall be construed in accordance with the laws of the State of , India.

13. BINDING EFFECT OF AGREEMENT


This agreement shall be binding on and inure to the benefit of the respective parties and
their respective heirs, legal representatives, successors, and assigns.

IN WITNESS WHEREOF


On behalf of the party of the ONE PART and by the party of the OTHER PART have hereto and hereby
set their hands the day, month and year above mentioned:

1. Signature of the Party of the ONE PART (Employer)







2. Signature of the Party of the OTHER PART (Employee)




In the presence of


1. (Name, designation and address)







2. (Name, designation and address)
196
16b. FORM FOR AGREEMENT BETWEEN THE EMPLOYER AND EMPLOYEES FOR REFERENCE OF

DISPUTES TO ARBITRATION




AGREEMENT
BETWEEN
Names of the Parties;




Representing employers:
Representing workmen/workman:



It is hereby agreed between the parties to refer the following dispute to the arbitration of

.............................. [here specify the name(s) and addressees) of the arbitrator(s)]:




(i) Specific matters in dispute;

(ii) Details of the parties to the dispute including the name and address of the establishment or
undertaking involved;
(iii) Name of the workman in case he himself is involved in the dispute or the name of the Union,
if any, representing the workmen or workman in question;
(iv) Total number of workmen employed in the undertaking affected;

(v) Estimated number of workmen affected or likely to be affected by the dispute.




We further agree that the majority decisions of the arbitrator(s) be binding on us. In case the
arbitrators are equally divided in their opinion, that they shall appoint another person as umpire
whose award shall be binding on us.
197
The arbitrator(s) shall make his (their) award within a period of

............................ (here specify the period agreed upon by the parties) or within such further time as
is extended by mutual agreement between us in writing. In case the award is not made within the
period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall
be free to negotiate for fresh arbitration.



Signature of the parties.




Representing employer.




Workman/Representing WORKMAN

/ WORKMEN WITNESSES;




(1)




(2)




Copy to:

(i) The Assistant Labour Commissioner (Central), .................. (here enter office address of the
Conciliation Officer in local area concerned).
(ii) The Regional Labour Commissioner (Central)...........................

(iii) The Chief Labour Commissioner (Central), New Delhi.

(iv) The Secretary to the Government of India, Ministry of Labour, Employment and
Rehabilitation (Department of Labour and Employment), New Delhi.